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17-1335 - Azadpour v. Blue Sky Sports Center of Keller LP et al


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17-1335 - Azadpour v. Blue Sky Sports Center of Keller LP et al
January 5, 2018
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FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE: Motion to Dismiss, Doc. 10, should be GRANTED. The Defendant Entities' Motion to Dismiss, Doc. 10, should be DENIED as to Plaintiff's Title VII claim and GRANTED as to Plaintiffs defamation claim. The Trautman Defendants Motions to Dismiss, Doc. 19 & Doc. 29, should be GRANTED. Moreover, if, within 21 days of the District Judge's Order accepting this recommendation, Plaintiff fails to amend his defamation claim to cure the deficiencies in his defamation claims noted herein, at the re-urging of Defendants, those claims should also be DISMISSED WITH PREJUDICE leaving Plaintiff's Title VII employment discrimination action against the Defendant Entities as his sole surviving claim. (Ordered by Magistrate Judge Renee Harris Toliver on 1/5/2018) (ams)
January 19, 2018
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ORDER ACCEPTING 38 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. Defendant Brody and Naumann's Motion to Dismiss is GRANTED, and the claims against them are DISMISSED WITH PREJUDICE. The Defendant Entities' Motion to Dismiss is DENIED as to Plaintiff's Title VII claim and GRANTED as to Plaintiff's defamation claim. The Trautman's Motions to Dismiss are GRANTED. Plaintiff has 21 days from the date of this order to amend his complaint to attempt to state a claim for defamation against the Defendant Entities and the Trautmans. If he does not do so, his defamation claim will be DISMISSED WITH PREJUDICE. (Ordered by Judge David C Godbey on 1/19/2018) (ykp)