McCurdy v. Ippolito, et al. (MAG+)

Filing 41

ORDERED as follows: (1) The US Magistrate Judge's 40 recommendation, to which no objection has been filed, is adopted; (2) Dft's 34 motion to dismiss is denied in part and granted in part; (3) The following of plf's claims are dism issed: the Title VII claims based on sex and national origin; the Title VII and § 1981 claims for race-based discrimination as to pay, hiring, working conditions, and other terms and conditions of employment (as defined in the magistrate judge&# 039;s recommendation); the Title VII and § 1981 claims for hostile work environment; the Title VII and § 1981 claims for retaliation; the ADA claim; and the ADEA claim; (3) This case is referred back to the magistrate judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 9/30/2015. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

GWENDOLYN McCURDY,

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Plaintiff,
v.
STATE OF ALABAMA
DISABILITY DETERMINATION
SERVICE,
Defendant.

CIVIL ACTION NO.
2:13cv934-MHT

ORDER
After

an

independent

and

de

novo

review

of

the

record, it is ORDERED as follows:
(1) The

United

States

Magistrate

Judge's

recommendation (doc. no. 40), to which no objection has
been filed, is adopted.
(2) Defendant’s motion to dismiss (doc. no. 34) is
denied in part and granted in part.
(3)

The

dismissed:

the

following
Title

of

VII

plaintiff’s
claims

based

claims
on

sex

are
and

national origin; the Title VII and § 1981 claims for
race-based discrimination as to pay, hiring, working
conditions,
employment

and
(as

other

terms

defined

in

and

the

conditions

magistrate

of

judge’s

recommendation); the Title VII and § 1981 claims for
hostile

work

environment;

the

Title

VII

and

§

1981

claims for retaliation; the ADA claim; and the ADEA
claim.
(3) This case is referred back to the magistrate
judge for further proceedings.
DONE, this the 30th day of September, 2015.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE