Earl v. H. D. Smith Wholesale Drug Co. et al
| Patricia Ann Earl |
| H. D. Smith Wholesale Drug Co. and John D'Amaro |
| 3:2008cv03224 |
| October 9, 2008 |
| US District Court for the Central District of Illinois |
| Civil Rights: Jobs Office |
| Sangamon |
| Charles H. Evans |
| Jeanne E. Scott |
| Plaintiff |
| Federal Question |
| 42:2000e Job Discrimination (Employment) |
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Filing
89
OPINION (See Written Opinion): THEREFORE, Defendant H.D. Smith's Motion for Summary Judgment (d/e 74) is GRANTED as to Counts I and II only. Because judgment has been entered on Earl's only federal claims, this Court declines to exercise s upplemental jurisdiction over the remaining state law claims. Earl's remaining claims, Counts III, IV, VI, and VII, are DISMISSED WITHOUT PREJUDICE. The dismissal of Counts IV and VI renders D'Amaro's Motion for Summary Judgment on t hose counts moot. Therefore, D'Amaro's Motion for Summary Judgment (d/e 79) is DENIED AS MOOT. Earl may refile her state law claims in state court pursuant to § 13-214 of the Illinois Code of Civil Procedure (735 ILCS 5/13-217). Thi s case is CLOSED. The final pretrial conference scheduled for October 3, 2011, and the jury trial scheduled for November 1, 2011, are hereby VACATED. The parties shall be responsible for their own court costs. Entered by Judge Sue E. Myerscough on 9/08/2011. (VM, ilcd)
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Filing
49
OPINION entered by Judge Jeanne E. Scott on 11/17/2009. SEE WRITTEN OPINION. Plaintiff's Second Motion for Leave to File Instanter (d/e 43) is DENIED.(DM, ilcd)
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Filing
24
OPINION entered by Judge Jeanne E. Scott on 06/22/2009. SEE WRITTEN OPINION. Defendant John D'Amaro's Motion to Dismiss Pursuant to Rule 12(b) (6) of the Federal Rules of Civil Procedure (d/e 10) is DENIED as to Counts IV and VI and ALLOWED as to Count V. Count V is dismissed without prejudice, but Counts IV and VI remain. (DM, ilcd)
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