Opinion
Case No.: 2:10-cv-00081-GMN-LRL.
July 12, 2010
ORDER
This case arises out of the poor treatment of an employee, allegedly in violation of Title VII of the Civil Rights Act of 1964. Pending before the Court is Defendant's Motion to Dismiss (#22). For the reasons given herein, the Court grants the motion.
On October 21, 2009, Plaintiff Mia Riordan, a.k.a. Mia Lee, sued Defendant Forever 21 Retail, Inc. in state court on five causes of action. ( See #1 at 16-22). The Amended Complaint ("AC") filed in state court lists five causes of action: (1) Violations of Title VII of the Civil Rights Act of 1964 and Nevada State Law [Chapter 613]; (2) Negligent Supervision; (3) Intentional Infliction of Emotional Distress; (4) Wrongful Termination; and (5) Battery. ( See id. at 8-14). On March 18, 2010, Plaintiff moved under Rule 41 to dismiss her Title VII claims with prejudice and her state law claims without prejudice. ( See #17). Defendant objected to dismissing the state law claims without prejudice and moved for "summary judgment to dismiss" the state law claims with prejudice. ( See #22). On May 6, 2010, the Court dismissed the Title VII claims with prejudice but retained jurisdiction over the state law claims pursuant to 28 U.S.C. § 1367(c)(3) without dismissing them or ruling on the "summary judgment to dismiss" motion, as there was still time to respond to the motion. ( See #23). Plaintiff has now filed a non-opposition to dismissal of the state law claims with prejudice. ( See #24). In substance, documents 22 and 24 taken together constitute a stipulation to dismiss the remaining state law claims with prejudice.
CONCLUSION
IT IS HEREBY ORDERED that the Motion to Dismiss (#22) is GRANTED.