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16-822 - Braswell v. Glovis America, Inc. (JOINT ASSIGN)(MAG2)


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16-822 - Braswell v. Glovis America, Inc. (JOINT ASSIGN)(MAG2)
March 3, 2017
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RECOMMENDATION OF THE MAGISTRATE JUDGE: the undersigned RECOMMENDS that Dft's 12 Motion to Partially Dismiss the Case be DENIED and Dft's Motion, in the Alternative, to Stay the Case be GRANTED; the undersigned further RECOMMENDS that the court enter an order to the effect that, if Plf receives a right-to-sue-letter from the EEOC, Plf shall notify the court within five days of receiving such notification that Plf has received a right-to-sue-letter and whether Plf intends to amend his complaint. If Plf intends to file an amended complaint, Plf shall file a separate motion to amend, attaching his proposed amended complaint, within ten days of the aforementioned notice to the court. If Plf does not receive a right-to-sue-letter from the EEOC, Plf is to notify the court how he wishes to proceed; the undersigned RECOMMENDS that the Clerk of the Court be directed to administratively close the case until further notification is received from Plf; Objections to R&R due by 3/17/2017. Signed by Honorable Judge Wallace Capel, Jr on 3/3/2017. (wcl, )
March 24, 2017
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ORDERED as follows: 1) The 20 Recommendation of the Magistrate Judge is ADOPTED; 2) Dft's 12 motion to partially dismiss is DENIED; 3) Dft's 12 motion to stay is GRANTED; 4) Plf is ORDERED to notify the court within five days of his receipt of a right-to-sue letter from the EEOC. In the notice, Plf should explain whether he intends to amend his complaint in light of the right-to-sue letter. If Plf does not receive a right-to-sue letter, he should notify the court how he wishes to proceed; and 5) The Clerk of Court is DIRECTED to administratively close this case until further notification is received from Plf. Signed by Chief Judge William Keith Watkins on 3/24/2017. (wcl, )