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08-069 - Valencia v. Department of Interior, Washington, DC et al (MAG+)


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08-069 - Valencia v. Department of Interior, Washington, DC et al (MAG+)
August 5, 2008
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REPORT AND RECOMMENDATIONS it is the Recommendation of the Mag Judge that 18 MOTION to Dismiss filed by Herbert Tyrone Brandyburg, Catherine Farmer Light be granted; The Mag Judge further recommends: 1) The United States be substituted the defendant for Plaintiff's tort claims and those claims against the DOI and the individual defendants be dismissed with prejudice; 2) Plaintiff's claims against the United States under the Federal Tort Claims Act be dismissed without prejudice; 3) Plaintiff's claims for negligence, hazardous work conditions, and exposure to lead, arsenic, and mold spores be dismissed without predudice as to all parties as been precluded ty the FECA; 4) Plaintiff's claims under the FMLA including her assertions of "negligence estoppels" and "deliberate indifference to medical well being" be dismissed with prejudice as to all parties; 6) Plaintiff's Title VII claims for discrimination and hostile work environment related to sexual orientation and/or perceived sexual orientation be dismissed with prejudice; 7) Plaintiff's remaining Title VII claims be dismissed without prejudice; 8) Plaintiff's claims under 42 USC 1986 be dismissed without prejudice as to all parties; 9) Plaintiff's claims for monetary damages under 42 USC 1983 and Bivens be dismissed with prejudice as to the Dept of Interior and Defendants Light and Bradyburg in their official capacities; 10) Plaintiff's claims under 42 USC 1983 against Defendants Light and Brandyburg be dismissed with prejudice; 11) Plaintiff's Fourteenth Amendment claims be dismissed with prejudice as to all parties; 12) Plaintiff's remaining constitutional claims brought pursuant to Bivens be dismissed with prejudice as to all parties as precluded by the CSRA. 13) Plaintiff's claim of breach of implied contract be dismissed without prejudice as to all parties; 14) Plaintiff's request for injunctive relief under 22 USC 2283 be dismissed with prejudice; 15) 30 MOTION for Judgment on the Pleadings filed by Teresa Valencia, 36 MOTION for Judgment on the Pleadings filed by Teresa Valencia, 22 MOTION for Leave to File filed by Teresa Valencia be denied as moot; 37 MOTION for Judgment as a Matter of Law, pursuant to FED Rules of Civil Procedure, Rule 50(a)(2) by Teresa Valencia; 16) All other outstanding motions be denied as moot; Objections to R&R due by 8/18/2008. Signed by Honorable Terry F. Moorer on 8/5/08. (vma, )
October 7, 2008
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ORDER as follows: 1) Valencia's objections (doc. 43) are overruled; 2) ADOPTING 38 Report and Recommendations; 3) Defendants' Motion to Dismiss (doc. 18) is granted; and 4) All other motions are denied as moot. Signed by Honorable William Keith Watkins on 10/7/08. (Attachments: # (1) appeals checklist)(vma, )