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,
)
)
)
)
)
)
)
)
)
)
)
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
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