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17-698 - Ghioroaie-Panait v. Rolle et al (MAG2)


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17-698 - Ghioroaie-Panait v. Rolle et al (MAG2)
February 13, 2018
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REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE that the 10 Motion to Dismiss filed by The Board of Trustees of Auburn University be GRANTED in part and DENIED in part, and that the Ghioroaie's claim for color discrimination under Title VII be DISMISSED with prejudice. Objections to R&R due by 2/27/2018. Signed by Honorable Judge Gray M. Borden on 2/13/2018. (dmn, )
April 9, 2018
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ORDER: It is ORDERED that the Recommendation (Doc. 35) is ADOPTED. It is ORDERED as follows: 1. The Motion to Dismiss (Doc. 10) filed by Defendant Board of Trustees of Auburn University is DENIED as moot. 2. The reply brief filed by Defendant Auburn University (Doc. 27) is CONSTRUED as a motion to dismiss the complaint on the same grounds presented in the motion to dismiss (Doc. 10) filed by Defendant Board of Trustees of Auburn University. 3. Defendant Auburn Universitys motion to dismiss (Doc. 27) is GRANTED as to Plaintiff Adrian Ghioroaie-Panaits Title VII color discrimination claim and DENIED in all other respects. 4. Plaintiff Ghioroaie-Panaits Title VII color discrimination claim against Defendant Auburn University (Count IV of the amended complaint (Doc. 21) is DISMISSED with prejudice. 5. This action is REFERRED back to the Magistrate Judge for further proceedings. Signed by Chief Judge William Keith Watkins on 4/9/2018. (dmn, )