Opinion
Civil Action No. 00-0487-MJ-S.
September 5, 2000.
JUDGMENT
It is hereby ORDERED, ADJUDGED, and DECREED that Defendant White Enterprises, Inc.'s Motion to Dismiss is GRANTED, and that this action be and hereby is DISMISSED as against Defendant White Enterprises, Inc.
ORDER
This cause is before the Court on Defendant White Enterprises' Motion to Dismiss (Doc. 5); Plaintiff's Response to Defendant's Motion to Dismiss (Docs. 8); and Notice of Filing Affidavit with Regard to White Enterprises, Inc. (Doc. 29). Upon consideration of all matters presented, Defendant White Enterprises' Motion to Dismiss is GRANTED.
By an Order of this Court dated July 20, 2000, the following actions were consolidated: Parks v. Diamond Gasoline Stations, Inc., Civil Action 00-487-MJ-S; Little vs. Diamond Gasoline Stations, Inc., Civil Action 00-488-MJ-S; and Prater vs. Diamond Gasoline Stations, Inc., Civil Action 00-489-MJ-S. These actions were consolidated under one Civil Action Number, 00-0487-MJ-S, and are now considered one civil action. Throughout this Order, the Court refers to a singular motion to dismiss (Doc. 5), the motion to dismiss filed in the Parks case, CV 00487-MJ-S, because the three cases were consolidated under this civil action number. However, the Court notes that identical motions to dismiss were filed in the other two cases as well. Doc. 15 is the motion to dismiss filed in the Little action, and Doc. 24 is the motion to dismiss filed in the Prater action. These two motions (Docs. 15 and 24) are also deemed to be GRANTED.
On May 31, 2000, Plaintiffs Mary K. Parks, Cheryl McCorvey Little, and Kathleen Prater ("Plaintiffs") filed this employment discrimination action against Defendants Diamond Gasoline Stations, Inc. ("Diamond Gasoline"), and White Enterprises, Inc. ("White Enterprises"), alleging that Defendants discriminated against them on the basis of race in violation of Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991, 42 U.S.C. § 2000e, et seq. On June 28, 2000, White Enterprises filed a motion to dismiss asserting that White Enterprises was not the employer of Plaintiffs at any time and was only a company set up to administer health benefits for Diamond Gasoline. In their response to White Enterprises' motion to dismiss filed on July 17, 2000, Plaintiffs stated that they would consent to the dismissal of White Enterprises, if Defendants would supply an affidavit or verification of the assertion contained in White Enterprises' motion to dismiss. On July 20, 2000, this Court ordered White Enterprises to file such an affidavit. See Doc. 10.
Thereafter, on August 28, 2000, White Enterprises filed a Notice of Filing Affidavit with Regard to White Enterprises, Inc. Attached to the notice as Exhibit A is the affidavit of Roy W. White, Jr., Vice President of White Enterprises. In his affidavit, White states that White Enterprises and Diamond Gasoline are separate and distinct companies and that, at no time, was White Enterprises the employer of Plaintiffs Mary K. Parks, Cheryl McCorvey Little, or Kathleen Prater. The affidavit filed by White Enterprises affirms that White Enterprises has never been the employer of any of the Plaintiffs at any time.
Accordingly, Defendant White Enterprises' Motion to Dismiss is due to be GRANTED and this actions is due to be DISMISSED as against Defendant White Enterprises. The Court will by separate document enter judgment in accordance with this Order.