Hillary Hoffner v. David Barnhardt

The opinion of the court was delivered by: Herndon, Chief Judge:

ORDER

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.

Digitally signed

by David R.

Herndon Date: 2012.06.19 13:51:22 -05'00'

Chief Judge United States District Court

20120619