Opinion
Case Nos. 05-4040-SAC, 05-4041-SAC.
August 23, 2005
MEMORANDUM AND ORDER
This case comes before the court on defendants' motion to dismiss the individual defendants from case 05-4041, which has been consolidated with case 05-4040. Plaintiff, acting pro se, filed the Title VII case against her employer, 4B Corporation, its store director, Tom Wiseman, and its Human Resources Director, Ron Giangreco. The two individual defendants were sued in their official capacities. Thereafter counsel was appointed to represent plaintiff.
Defendant contends that naming individual defendants in their official capacity is improper in a Title VII suit, and that plaintiff failed to exhaust her administrative remedies regarding these defendants. Plaintiff, through her counsel, has responded that she has no objection to the motion.
IT IS THEREFORE ORDERED that defendant's motion to dismiss defendants Giangreco and Wiseman from case no. 05-4041 is granted.