French v. United Parcel Service, Inc. (JOINT ASSIGN)(MAG+)

Filing 19

JUDGMENT: In accordance with the memorandum opinion entered today, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The United States Magistrate Judge's recommendation (doc. no. 16 ) is adopted. (2) Defendant's motion to strike the amended complaint (doc. no. 13 ) is denied. (3) Defendants partial motion to dismiss (doc. no. 13 ) is granted; plaintiffs pattern-and-practice claim (Count Two) is dismissed with prejudice; and plaintiffs retaliation claim (Count Three) is dismissed without prejudice. (4) Defendants partial motion to dismiss (doc. no. 6 ) the original complaint is denied as moot. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to FRCP 58. This case is not closed, and is referred back to the United States Magistrate Judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 1/23/2017. (Attachments: # 1 Civil Appeals Checklist)(dmn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
TERRIS L. FRENCH,

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)
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)
)
)
)
)
)

Plaintiff,
v.
UNITED PARCEL SERVICE,
INC.,
Defendant.

CIVIL ACTION NO.
2:16cv613-MHT
(WO)

JUDGMENT
In accordance with the memorandum opinion entered
today, it is the ORDER, JUDGMENT, and DECREE of the
court as follows:
(1) The

United

States

Magistrate

Judge's

recommendation (doc. no. 16) is adopted.
(2) Defendant's

motion

to

strike

the

amended

complaint (doc. no. 13) is denied.
(3) Defendant’s partial motion to dismiss (doc. no.
13) is granted; plaintiff’s pattern-and-practice claim
(Count

Two)

plaintiff’s

is

dismissed

retaliation

with

claim

prejudice;

(Count

Three)

and
is

dismissed without prejudice.
(4) Defendant’s partial motion to dismiss (doc. no.
6) the original complaint is denied as moot.
The clerk of the court is DIRECTED to enter this
document

on

the

civil

pursuant

to

Rule

58

of

docket
the

as

a

Federal

final
Rules

judgment
of

Civil

Procedure.
This case is not closed, and is referred back to
the

United

States

Magistrate

Judge

for

further

proceedings.
DONE, this the 23rd day of January, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE