WALLACE CAPEL, Jr., Magistrate Judge.
On October 14, 2016, Plaintiff filed a complaint alleging six claims: (1) age discrimination in violation of The Age Discrimination in Employment Act, see Doc. 1 at 6; (2) Title VII disability discrimination, see id. at 7-8; (3) Title VII retaliation, see id. at 9-10; (4) Title VII retaliatory hostile work environment, see id. at 10; (5) 42 U.S.C. § 1981 retaliation, see id. at 11-12; and (6) 42 U.S.C. § 1981 retaliatory hostile work environment, see id. at 12-13. Defendant filed a motion to partially dismiss Plaintiff's complaint, or in the alternative, stay the case. See Doc. 12. Plaintiff filed a response opposing the motion to dismiss but does not oppose the motion to stay on the basis of judicial economy and efficiency. See Doc. 18. Specifically, Plaintiff alerted the court that he "intends to amend his Complaint to include additional claims upon receiving a `right to sue' [letter] from the EEOC." Id. at 3. Defendant then filed a reply "respectfully request[ing] that the Court stay this case until Plaintiff receives his right-to-sue-letter from the EEOC." Doc. 19 at 1, ¶ 3.
Upon consideration of Defendant's motion, Plaintiff's response, and Defendant's reply, the undersigned recommends that Defendant's motion, in the alternative, to stay the case be granted and that Defendant's partial motion to be dismiss Plaintiff's complaint be denied without prejudice. Plaintiff currently has an EEOC charge pending that "includes claims that are not brought in this [current] action[,]" but that "includes facts that are related to the retaliation claims he has brought in the current action." Pl.'s Resp. (Doc. 18) at 3. In its reply to Plaintiff's response, Defendant does not reply to Plaintiff's argument against partial dismissal, but, instead, asks the court to stay the case considering "Plaintiff did not oppose staying the case while his claims are pending with the EEOC." Doc. 19 at 1. Because the parties seem to reach consensus that the case should be stayed, and the undersigned finds no reason to disagree, the undersigned recommends that the stay be granted.
For the foregoing reasons, the undersigned
RECOMMENDS that Defendant's Motion to Partially Dismiss the Case (Doc. 12) be DENIED and Defendant's Motion, in the Alternative, to Stay the Case be GRANTED. The undersigned further
RECOMMENDS that the court enter an order to the effect that, if Plaintiff receives a right-to-sue-letter from the EEOC, Plaintiff shall notify the court within five days of receiving such notification that Plaintiff has received a right-to-sue-letter and whether Plaintiff intends to amend his complaint. If Plaintiff intends to file an amended complaint, Plaintiff shall file a separate motion to amend, attaching his proposed amended complaint, within ten days of the aforementioned notice to the court. If Plaintiff does not receive a right-to-sue-letter from the EEOC, Plaintiff is to notify the court how he wishes to proceed. Accordingly, the undersigned
RECOMMENDS that the Clerk of the Court be directed to administratively close the case until further notification is received from Plaintiff. It is further
ORDERED that the parties are DIRECTED to file any objections to the said Recommendation on or before