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17-364 - Jenkins v. Koch Foods, Inc. et al (JOINT ASSIGN)(MAG2)


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17-364 - Jenkins v. Koch Foods, Inc. et al (JOINT ASSIGN)(MAG2)
December 27, 2017
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REPORT AND RECOMMENDATION: it is RECOMMENDED that Dfts' 12 motion to dismiss the Complaint against them is due to be GRANTED IN PART to the extent that the Complaint states a claim for discrimination in compensation in Counts II and III; In all other respects, Dfts' 12 motion to dismiss the Complaint against them is due to be DENIED; Objections to R&R due by 1/10/2018. Signed by Honorable Judge David A. Baker on 12/27/2017. (alm, )
February 5, 2018
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OPINION. Signed by Honorable Judge Myron H. Thompson on 2/5/2018. (wcl, )
February 5, 2018
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JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Dfts' 45 objections are overruled; (2) The US Magistrate Judge's 43 recommendation is adopted; (3) Dfts' 12 motion to dismiss is granted to the extent that the complaint is supposed to assert a claim for discrimination in compensation in Counts II and III, and is denied in all other respects; (4) To the extent that the complaint is supposed to assert a claim in Counts II and III for discrimination in compensation, those claims are dismissed; DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; This case is not closed, and is referred back to the US Magistrate Judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 2/5/2018. (Attachments: # (1) Civil Appeals Checklist) (wcl, )