McDowell v. Massey Auto

Filing 37

OPINION AND ORDER that: (1) The United States Magistrate Judge's 36 Recommendation is adopted. (2) Defendant's 23 Motion for Summary Judgment is denied. (3) Plaintiff's 26 Motion for Summary Judgment is denied. Signed by Honorable Judge Myron H. Thompson on 6/16/2017. (dmn, )

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

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Plaintiff,
v.
MASSEY AUTO,
Defendant.

CIVIL ACTION NO.
2:16cv03-MHT
(WO)

OPINION AND ORDER
Plaintiff

filed

this

lawsuit

claiming

that

defendant unlawfully discriminated against him because
of his age in violation of the Age Discrimination in
Employment of 1967, 28 U.S.C. § 621634(b), et seq., and
the Alabama Age Discrimination Act, Ala. Code § 25-129, et seq.
This

Both parties moved for summary judgment.

lawsuit

is

now

before

the

court

on

the

recommendation of the United States Magistrate Judge
that

both

motions

for

summary

judgment

be

There are no objections to the recommendation.

denied.
After

an independent and de novo review of the record, the

court

concludes

that

the

magistrate

judge’s

recommendation should be adopted.
***
Accordingly, it is ORDERED that:
(1)

The

United

States

Magistrate

Judge’s

recommendation (doc. no. 36) is adopted.
(2) Defendant's motion for summary judgment (doc.
no. 23) is denied.
(3) Plaintiff’s motion for summary judgment (doc.
no. 26) is denied.
DONE, this the 16th day of June, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE