Robinson v. R&L Foods (MAG+)
ORDER directing that: (1) The 33 Recommendation of the Magistrate Judge is ADOPTED; (2) Plaintiff's 34 Objection is OVERRULED; and (3) Defendant's 23 Motion for Summary Judgment is GRANTED, as further set out. Signed by Honorable Judge Mark E. Fuller on 12/12/11. (Attachments: # 1 Civil Appeals Checklist)(scn, )
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
R & L Foods (Wendy’s),
CASE NO. 2:11-cv-020-MEF
On November 21, 2011, the Magistrate Judge filed a Recommendation (Doc. # 33)
that this Court grant Defendant’s Motion for Summary Judgment (Doc. # 23) on Plaintiff’s
race-based discharge and racially hostile work environment claims. Plaintiff has filed a
timely Objection to the Recommendation. (Doc. # 34.) The court reviews de novo the
portion of the Recommendation to which the Objection applies. 28 U.S.C. § 636(b)(1). For
the reasons that follow, the Objection is due to be overruled and the Recommendation
Plaintiff’s Objection offers nothing but speculative conclusions. As to Plaintiff’s
race-based discharge claim, Plaintiff’s assertion that Mrs. Murr (a caucasian senior cash
register operator) was terminated “to protect the company” is without factual support.
Furthermore, it does nothing to advance Plaintiff’s prima facie case. Plaintiff must identify
a similarly situated individual outside the protected class who was treated more favorably
than Plaintiff, not identically to Plaintiff. Like Plaintiff, Mrs. Murr was terminated.
As to the racially hostile work environment claim, Plaintiff’s subjective feeling that
the word “bitch” was used in a racist manner does not convert the word – which in no way
implicates race – into an actionable racial slur. Hurt feelings do not give rise to a cause of
Accordingly, it is ORDERED that:
The Recommendation (Doc. # 33) is ADOPTED;
Plaintiff’s Objection (Doc. # 34) is OVERRULED; and
Defendant’s Motion for Summary Judgment (Doc. # 23) is GRANTED.
An appropriate final judgment will be entered.
DONE this the 12th day of December, 2011.
/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE
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