Thomas v. Dolgencorp, LLC
Filing
45
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
KIMBERLY THOMAS,
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)
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)
)
)
)
)
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Plaintiff,
v.
DOLGENCORP, LLC,
Defendant.
CIVIL ACTION NO.
1:13cv128-MHT
(WO)
OPINION
Plaintiff
Kimberly
Thomas
filed
this
lawsuit
asserting that defendant Dolgencorp, LLC, discriminated
against her on the basis of disability in violation of
the
Americans
with
Disabilities
Act,
42
U.S.C.
§ 12112(a); on the basis of her gender in violation of
Title VII of the Civil Rights Act of 1964, 42 U.S.C.
§ 2000e–2(a)(1);
and
on
the
basis
of
her
taking
approved medical leave, in violation of the Family and
Medical
Leave
Act
of
1993,
29
U.S.C.A.
§
2615(a).
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.
This
lawsuit
is
now
before
the
court
on
the
recommendation of the United States Magistrate Judge
that Thomas’s motion be denied.
Also before the court
are Thomas’s objections to the recommendation.
After
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.
not
shown
that
pretextual.
the
reasons
given
Thomas has simply
by
Dolgencorp
are
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
afford relief.
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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