Dear v. Mason et al
Caroll A. Dear |
Claudia Mason, Ronald Mason, Velvelyn Foster, Dollye Robinson and Brenda Stewart |
3:2008cv00548 |
September 2, 2008 |
US District Court for the Southern District of Mississippi |
Civil Rights: Jobs Office |
Hinds |
Linda R. Anderson |
William H. Barbour |
Plaintiff |
Federal Question |
42:1983 Civil Rights (Employment Discrimination) |
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Filing 98 ORDER granting in part and denying in part 36 Motion of Defendant, Dr. Claudia Mason, to Dismiss. To the extent the subject motion seeks dismissal of the Title VII claim alleged against Dr. Claudia Mason, the motion is granted. To the extent the s ubject motion seeks dismissal of the 42 U.S.C. § 1983 and First Amendment claims alleged against Dr. Claudia Mason, the motion is presently denied without prejudice. Plaintiff is hereby granted leave to amend her complaint. The leave is limited to permitting Plaintiff to amend her factual allegations regarding Dr. Claudia Mason on the issues of whether Dr. Claudia Mason is being sued in her individual capacity, whether Dr. Claudia Mason was acting as a state actor when she allegedly depriv ed Plaintiff of a federal right, whether Dr. Claudia Mason was acting within the course and scope of her employment when she spearheaded the effort to terminate Plaintiff's employment, and whether Dr. Claudia Mason was personally involved in Pla intiff's termination. Plaintiff will not be permitted to amend her allegations with respect to any of the other named defendants in this case, and will not be permitted to allege any additional causes of action. Plaintiff is required to file h er amended complaint on or before April 9, 2010. In the event Plaintiff fails to file an amended complaint on or before this date, Dr. Claudia Mason may move to renew her prior motion to dismiss by filing a notice seeking such renewal with the Clerk of Court.Signed by District Judge William H. Barbour, Jr on 3/31/2010 (Lewis, Nijah) |
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