Thomas v. Dolgencorp, LLC
OPINION. Signed by Honorable Judge Myron H. Thompson on 7/27/2015. (kh, ) (Main Document 45 replaced on 7/27/2015 to attach the correct order; previously attached the wrong order in error) (kh, ). Modified on 7/27/2015 (kh, ).
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION
CIVIL ACTION NO.
asserting that defendant Dolgencorp, LLC, discriminated
against her on the basis of disability in violation of
§ 12112(a); on the basis of her gender in violation of
Title VII of the Civil Rights Act of 1964, 42 U.S.C.
approved medical leave, in violation of the Family and
After United States District Judge Mark Fuller granted
summary judgment on all claims for Dolgencorp, Thomas
filed a motion to alter, amend, or vacate the judgment.
recommendation of the United States Magistrate Judge
that Thomas’s motion be denied.
Also before the court
are Thomas’s objections to the recommendation.
an independent and de novo review of the record, the
court concludes that the objections should be overruled
and the magistrate judge’s recommendation adopted.
The court adds these comments.
Thomas has simply
Admittedly, with her objections, Thomas
seems to be arguing mixed-motive, but this argument was
not put forward originally in this case nor in the
motion itself; also she has not made any effort to show
that such an approach is allowed under the FMLA
An appropriate order will be entered.
DONE, this the 27th day of July, 2015.
/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE
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