HESSE v. GMRI, INC.

Full title: Dorretta Hesse, Plaintiff, vs. GMRI, Inc., d/b/a The Olive Garden Italian…

Court: United States District Court, D. North Dakota, Northeastern Division

Date published: Apr 13, 1999

Case No. A2-98-84 (D.N.D. Apr. 13, 1999)

Opinion

Case No. A2-98-84.

April 13, 1999.

MEMORANDUM AND ORDER

RODNEY S. WEBB, Chief Judge.

Before the Court is defendant's "Partial Motion to Dismiss", (docket # 17). Said motion is premised on the grounds that plaintiff did not timely file a charge of discrimination with the Equal Employment Opportunity Commission and consequently has not been issued a right to sue notice. The plaintiff has failed to respond to the motion within the deadline imposed under Local Rule 7.1(A), in fact, has failed to respond at all. Under Local Rule 7.1(C), "failure to file a brief by the adverse party shall be deemed an admission that, in the opinion of counsel, the motion is well taken." Therefore, defendant's Partial Motion to Dismiss is hereby GRANTED, and plaintiff's discrimination claim under Title VII is DISMISSED WITH PREJUDICE.

IT IS SO ORDERED.

RODNEY S. WEBB, CHIEF JUDGE UNITED STATES DISTRICT COURT