Looney v. Purely, Inc. et al
||Kathy J. Looney
||Purely, Inc., Andrew Khong, Kelly Love and Thai LNU
||June 27, 2017
||Alabama Southern District Court
||Katherine P. Nelson
|Nature of Suit:
||Other Personal Injury
|Cause of Action:
|Jury Demanded By:
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|February 21, 2018
MEMORANDUM OPINION AND ORDER that defendants' motion to dismiss 9 is GRANTED under Rule 12(b)(6) and is therefore DENIED as moot to the extent the Court has partially treated the motion as one for summary judgement under Rule 56. Plaintiff 39;s 1983 claims against all defendants and her Title VII claim against the individual defendants in their individual capacities are DISMISSED with prejudice under Rule 12(b)(6) without leave to amend as to those claims. The Title VII sexual harassme nt claims against Purely and the individual defendants in their "official capacities"are DISMISSED without prejudice under Rule 12(b)(6). Plaintiff is GRANTED leave to file an amended complaint by 3/7/18 that plausibly alleges Title VII sex ual harassment claims against Purely and/or the Individual Defendants. If no amended complaint filed, the dismissal of the sexual harassment claims shall be converted to a DISMISSAL with prejudice without further order of court. Signed by Magistrate Judge Katherine P. Nelson on 2/21/18. (srr)
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