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15-1799 - Dawson v. Wal Mart Stores East LP


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15-1799 - Dawson v. Wal Mart Stores East LP
January 19, 2016
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MEMORANDUM OPINION AND ORDER Because Dawson has made clear that he will not allege that his age, or his disability, or Wal-Mart's retaliatory motive was the "but-for" reason for his termination, Wal-Marts motion to dismiss insofar as it is directed at plaintiff's ADEA, ADA, and retaliation claims is GRANTED, and the said claims are DISMISSED WITH PREJUDICE. Dawson's race discrimination claim brought under 42 U.S.C. ยง 1981 survives the current challenge because it requires no "but-for" causation. Dawson's oral motion for a stay is GRANTED. This case is STAYED pending the outcome of Savage in the Eleventh Circuit. Signed by Judge William M Acker, Jr on 1/19/16. (SAC )