Citation Codes Equivalent Citations citation codes Docket Number Civil Action 04-0488-WS-C. Motions Motion to remand : Denied Motion to dismiss : Granted Judges William H. Steele See more information ... Smart Summary Please sign up to generate summary. GEORGE W. RAYE, Plaintiff, v. EMPLOYER'S INSURANCE OF WAUSAU, et al., Defendants. ORDER WILLIAM STEELE, Magistrate Judge This matter is before the Court on the motion of defendant Mae Wingett to dismiss all claims against her. (Doc. 7). The parties have filed briefs in support of their respective positions, (Docs.14, 20, 26), and the motion is ripe for resolution. For the reasons set forth in the Court's order denying the plaintiff's motion to remand, the motion to dismiss is granted. The plaintiff has also filed evidentiary materials, (Docs. 16-18), which may not be considered on a motion to dismiss for failure to state a claim. See Fed.R.Civ.P. 12(b). Wingett asks that the dismissal be with prejudice. (Doc. 7 at 6). The plaintiff fails to respond. Upon consideration, Count One is dismissed without prejudice and Count Two is dismissed with prejudice. See Wagner v. Daewoo Heavy Industries America Corp., 314 F.3d 541, 542 (11th Cir. 2002) (en banc). DONE and ORDERED.