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16-613 - French v. United Parcel Service, Inc. (JOINT ASSIGN)(MAG+)


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16-613 - French v. United Parcel Service, Inc. (JOINT ASSIGN)(MAG+)
December 19, 2016
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ORDER AND RECOMMENDATION OF THE MAGISTRATE JUDGE: The undersigned ORDERS that Plaintiff's "Amended Complaint and Answer to Defendant's Rule 12(B)(6) Partial Motion to Dismiss" be CONSTRUED as a Motion to Amend. The undersigned ORDERS that such motion, as construed, be GRANTED. The undersigned RECOMMENDS that Defendants Motion to Strike Plaintiffs Amended Complaint (Doc. 13) be DENIED, and that, in the alternative, Defendants Renewed Rule 12(b)(6) Partial Motion to Dismiss Plaintiffs Amended Complaint be GRANTED (Doc. 13). Accordingly, the undersigned RECOMMENDS that Plaintiffs pattern and practice claim (Count Two) and Plaintiffs retaliation claim (Count Three) be DISMISSED. The undersigned RECOMMENDS that Defendants original Motion to Dismiss for Failure to State a Claim (Doc. 6) be DENIED as MOOT. Further, the undersignedRECOMMENDS that this matter, with respect to Count One of the amendedcomplaint, be referred back to the undersigned Magistrate Judge for further proceedings. Objections to R&R due by 1/3/2017. Signed by Honorable Judge Wallace Capel, Jr. on 12/19/2016. (dmn, )
January 23, 2017
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OPINION. An appropriate judgment will be entered. Signed by Honorable Judge Myron H. Thompson on 1/23/2017. (dmn, )
January 23, 2017
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strike the amended complaint (doc. no. 13) is denied. (3) Defendants partial motion to dismiss (doc. no. 13) is granted; plaintiffs pattern-and-practice claim (Count Two) is dismissed with prejudice; and plaintiffs retaliation claim (Count Three)JUDGMENT: In accordance with the memorandum opinion entered today, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The United States Magistrate Judge's recommendation (doc. no. 16) is adopted. (2) Defendant's motion to is dismissed without prejudice. (4) Defendants partial motion to dismiss (doc. no. 6) the original complaint is denied as moot. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to FRCP 58. This case is not closed, and is referred back to the United States Magistrate Judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 1/23/2017. (Attachments: # (1) Civil Appeals Checklist)(dmn, )
August 23, 2017
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JUDGMENT: Pursuant to the 32 Joint Stipulation of Dismissal, it is the ORDER, JUDGMENT, and DECREE of the court that this cause is dismissed in its entirety with prejudice and with the parties to bear their own costs. The clerk of the court is DIRECTED to enter this judgment pursuant to FRCP 58. This case is closed. Signed by Honorable Judge Myron H. Thompson on 8/23/2017. (dmn, )