Opinion
Case No. 3:13-CV-1330 JD
07-24-2014
MICHAEL A. JONES, Plaintiff, v. LAPORTE COUNTY SHERIFF's DEPARTMENT, et al., Defendants.
OPINION AND ORDER
This case arises from the allegedly discriminatory termination of Mr. Jones, a former employee of the LaPorte County Sheriff's Department. Mr. Jones filed a complaint, alleging claims under 42 U.S.C. §§ 1981, 1983, and 2000e. [DE 1.] The Defendants filed an answer to the complaint. [DE 7.] The same day, they filed a Motion of Defendants to Dismiss Plaintiff's Complaint, In Part. [DE 8.] The motion seeks to dismiss those claims brought directly under 42 U.S.C. § 1981, arguing that no cause of action exists under that section for claims against those acting under the color of state law. [DE 8 at 2; DE 9 at 2-7.]
Mr. Jones did not respond to the partial motion to dismiss within the time to do so under the Local Rules. N.D. Ind. L.R. 7-1(d)(2)(A) ("A party must file any response brief to a motion within 14 days after the motion is served."). However, Mr. Jones later filed a document titled "Stipulation to Dismiss Claims Under 42 U.S.C. § 1981." [DE 16.] The filing states: "Inasmuch as plaintiff's claims under 42 U.S.C. § 1981 are essentially identical to his claims under 42 U.S.C. § 1983, plaintiff hereby withdraws his claims under 42 U.S.C. § 1981." [Id. at 1.] The parties stipulated that "the withdrawal of plaintiff's claims under 42 U.S.C. § 1981 moots Defendants' Motion to Dismiss." [Id. at 2.]
Based on Mr. Jones's stated intent to withdraw his claims under section 1981 and the parties' stipulation, the Plaintiff's section 1981 claims are DISMISSED WITHOUT PREJUDICE. The Court DISMISSES AS MOOT the Motion of Defendants to Dismiss Plaintiff's Complaint, In Part. [DE 8.]
SO ORDERED.
JON E. DEGUILIO
Judge
United States District Court