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RAYE v. EMPLOYER'S INSURANCE OF WAUSAU
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.
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