GRAHAM v. INDIANAPOLIS HEALTHPLEX et al
| Indiana Southern District Court | |
| Judge: | James Patrick Hanlon |
| Referred: | Doris L Pryor |
| Case #: | 1:21-cv-03079 |
| Nature of Suit | 480 Other Statutes - Consumer Credit |
| Cause | 15:1681 Fair Credit Reporting Act |
| Case Filed: | Dec 21, 2021 |
| Last checked: Sunday Jun 19, 2022 5:06 AM EDT |
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Defendant
RENEE CLARK-MCDONALD
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Represented By
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Defendant
ADNAN HYDOR
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Represented By
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Defendant
INDIANAPOLIS HEALTHPLEX
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Represented By
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Plaintiff
BRYANT L. GRAHAM
6657 Stanhope Drive
Indianapolis, IN 46254 |
Represented By
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GPO
Mar 01 2023
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS - Defendants' motion to dismiss for failure to state a claim is GRANTED as to Mr. Graham's Title VII claims. Dkt. 21. Because amendment could not cure the fact that Mr. Graham's federal claims are barred by the doctrine of claim preclusion, those claims are dismissed with prejudice. Moreover, even if amendment were not clearly futile, the unique procedural posture of this case does not support giving Mr. Graham an opportunity to amend his complaint. Mr. Graham already had a fair opportunity to litigate his federal claims when he brought his first case in 2019. He received a ruling on the merits of those claims and there is no reason that Defendants should be required to respond again to another complaint based on the same facts that were the basis for the claims in the 2019 case and this case. The Court relinquishes supplemental jurisdiction of Mr. Graham's state-law claims, and those claims are dismissed without prejudice. Mr. Graham's motion for summary judgment, dkt. 27, and motion for judgment on the pleadings, dkt. 30, are therefore DENIED as moot. The Clerk is directed to update the names of two of the Defendants to "Healthplex Associates, Inc." and "Adnan Hyder." Final judgment will enter by separate order (See Order for Details). Signed by Judge James Patrick Hanlon on 3/1/2023. (DWH) |