Vinson v. Koch Foods of Alabama, LLC et al
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|Date Filed||#||Document Text|
|September 27, 2013
MEMORANDUM OPINION AND ORDER directing as follows: (1) Defendants' 8 motion to dismiss Vinson's § 1981 claim (Count 1) is GRANTED to the extent it is based on discriminatory pay, failure to promote to any position other than Professi onal Development and Training and night HR manager, and retaliation, and these claims are DISMISSED WITHOUT PREJUDICE; Defendants' motion to dismiss Vinson's § 1981 claim is DENIED in all other respects; (2) Defendants' 8 motion to dismiss Vinson's Title VII national origin claim (Count 2) is GRANTED to the extent it is based on discriminatory pay, failure to promote, and retaliation, and these claims are DISMISSED WITH PREJUDICE; (3) Defendants' 8 motion to dis miss Vinson's Title VII gender discrimination claim (Count 3) is GRANTED, and this claim is DISMISSED WITH PREJUDICE; (4) Defendants' 8 motion to dismiss Vinson's state law claims for negligent and wanton hiring/supervision, invasion of privacy, and intentional infliction of emotional distress (Counts 4 - 6) is GRANTED, and these claims are DISMISSED WITH PREJUDICE; (5) Defendants' 8 motion to dismiss Vinson's hostile work environment claims is DENIED AS MOOT; (6) P laintiff's 11 Motion for Leave to Amend is GRANTED as to her §1981 claim only; Plaintiff shall file an Amended Complaint no later than September 30 2013, correcting the deficiencies of this claim, or her § 1981 claim based on discriminatory pay, failure to promote to positions other than the Professional Development and Training and night HR management positions, and retaliation will be dismissed with prejudice. Signed by Honorable Judge Mark E. Fuller on 9/27/13. (scn, )
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