Opinion
CIVIL ACTION NO. 3.00 VC-2172-G.
May 21, 2001.
MEMORANDUM ORDER
Before the court is the defendant Bakery, Confectionery and Tobacco Workers' International Union, AFL-CIO Local 111's ("Local 111's") motion to dismiss. The plaintiff David Robison has not responded to the motion.
I. PROCEDURAL HISTORY AND ANALYSIS
On March 29, 2001, the court dismissed the claims against Earthgrains Baking Companies, Inc. ("Earthgrains"), Local 111's co-defendant in this case. See Plaintiff's Original Complaint and Jury Demand at 1; Robison v. Earthgrains Baking Companies, Inc., 2001 WL 305846, at *3 (N.D. Tex. Mar. 29, 2001) (" Robison I"). The court concluded that Robison's Title VII cause of action against Earthgrains was barred by limitations, see id. at 2 (citing, among other authorities, Ringgold v. National Maintenance Corp., 796 F.2d 769, 770 (5th Cir. 1986)), and that Robison's "due process" claim under the United States Constitution and/or the Texas Constitution failed because he had not satisfied the "state action" component of the Due Process Clause of the Fourteenth Amendment and the due course of law guarantee of the Texas Bill of Rights. See id. at 2 (citing, among other authorities, Becerra v. Asher, 105 F.3d 1042, 1045 (5th Cir.), cert. denied, 522 U.S. 824 (1997), and The Republican Party of Texas v. Dietz, 940 S.W.2d 86, 91 (Tex. 1997)). As authorized by 28 U.S.C. § 1367(c)(3), the court declined to exercise supplemental jurisdiction over Robison's cause of action against Earthgrains pursuant to the Texas Commission on Human Rights Act ("TCHRA"); the court dismissed that claim without prejudice. See id. at 3.
"Title VII" refers to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.
For the reasons set forth in Robison I, the Title VII and due process claims against Local 111 must be — and are — dismissed with prejudice. Robison's TCHRA claim against Local 111 is dismissed without prejudice.
II. CONCLUSOIN
Loca 111's motion to dismiss is GRANTED. Robison's claim pursuant to the TCHRA is DISMISSED without prejudice to its being refiled in state court. All other claims against local 111 are DISMISSED with prejudice.