Opinion
Case No. 08-14017.
February 12, 2009
ORDER FINDING DEFENDANTS' MOTION TO DISMISS AS MOOT AND GRANTING PLAINTIFFS' MOTION TO AMEND COMPLAINT
This is an employment discrimination case. The complaint names the 50th District Court, Judge Preston Thomas (Thomas) and Judith Gracey (Gracey) as defendants. Gracey is the Court Administrator and Clerk of the 50th District Court. The Court does not have jurisdiction over the 50th District Court, or Thomas or Gracey in their official capacities as a consequence of Eleventh Amendment immunity.
Accordingly, the 50th District Court is DISMISSED, and Thomas and Gracey are DISMISSED in their official capacities. Plaintiffs shall have fifteen (15) days within which to file an amended complaint compatible to federal court jurisdiction. Defendants named in the amended complaint shall have twenty (20) days within which to answer or otherwise plead. The pending motion to dismiss is MOOT.
SO ORDERED.