Opinion
Case No. 19-cv-11162
09-30-2020
ANTHONY JOHNS-GRIGGS, Plaintiff, v. A123 SYSTEMS, LLC, Defendant.
ORDER GRANTING IN PART AND TAKING UNDER ADVISEMENT IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (ECF No. 16)
In this action, Plaintiff Anthony Johns-Griggs has brought the following claims against Defendant A123 Systems, LLC, where Johns-Griggs used to work:
• Racial discrimination in violation of Michigan's Elliot-Larsen Civil Rights Act (Count I);
• Hostile Work Environment in violation of Michigan's Elliot-Larsen Civil Rights Act (Count II);
• Retaliation in violation of Michigan's Elliot-Larsen Civil Rights Act (Count III);
• Disparate treatment on the basis of race in violation of Title VII of the Civil Rights Act of 1964 (Count IV);
• Hostile Work Environment in violation of Title VII of the Civil Rights Act of 1964 (Count V); and
• Retaliation in violation of Title VII of the Civil Rights Act of 1964 (Count VI).
A123 moved for summary judgment on all of Johns-Griggs' claims on April 29, 2020. (See Mot. for Summ. J., ECF No. 16.) Johns-Griggs filed his response to A123's motion on May 26, 2020. (See Resp. to Mot. for Summ. J., ECF No. 18.) In that response, Johns-Griggs agreed to waive his hostile work environment claims under Michigan and federal law. (See id., PageID.350.) The Court therefore GRANTS A123's motion with respect to Counts II and V of Johns-Griggs First Amended Complaint and DISMISSES those claims WITH PREJUDICE. Johns-Griggs argued that A123 was not entitled to summary judgment on his other claims.
The Court held a video hearing on A123's motion on September 29, 2020. For the reasons stated on the record, IT IS HEREBY ORDERED as follows:
• A123's motion is GRANTED with respect to Johns-Griggs' racial discrimination claims (Counts I and IV of the First Amended Complaint). Those claims are DISMISSED WITH PREJUDICE; and
• A123's motion is TAKEN UNDER ADVISEMENT with respect to Johns-Griggs' retaliation claims (Counts III and VI of the First Amended Complaint).
The Court will now refer this matter for a settlement conference with the assigned Magistrate Jude.
IT IS SO ORDERED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE Dated: September 30, 2020
I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on September 30, 2020, by electronic means and/or ordinary mail.
s/Holly A. Monda
Case Manager
(810) 341-9761