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HOFFNER v. BARNHARDT, 12-cv-239-DRH. (2012)

Court: District Court, S.D. Illinois Number: infdco20120620b06 Visitors: 14
Filed: Jun. 19, 2012
Latest Update: Jun. 19, 2012
Summary: ORDER DAVID R. HERNDON, Chief District Judge. Before the Court is defendant David Barnhardt's motion to dismiss (Doc. 20), contending that plaintiff Hillary Hoffner's complaint must be dismissed as against him because Barnhardt was never charged before the Equal Employment Opportunity Commission, a jurisdictional prerequisite to filing suit. See Williams v. Gen. Foods Corp., 492 F.2d 399 , 404-05 (7th Cir. 1974). Plaintiff responded (Doc. 30), agreeing with Barnhardt's contentions and cons
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ORDER

DAVID R. HERNDON, Chief District Judge.

Before the Court is defendant David Barnhardt's motion to dismiss (Doc. 20), contending that plaintiff Hillary Hoffner's complaint must be dismissed as against him because Barnhardt was never charged before the Equal Employment Opportunity Commission, a jurisdictional prerequisite to filing suit. See Williams v. Gen. Foods Corp., 492 F.2d 399, 404-05 (7th Cir. 1974). Plaintiff responded (Doc. 30), agreeing with Barnhardt's contentions and consenting to Barnhardt's dismissal. Accordingly, the Court grants the motion. The Court dismisses with prejudice Barnhardt from this action.

IT IS SO ORDERED.

Source:  Leagle

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