Jurriaans v. Alabama Cooperative Extension System et al (MAG2)

Filing 28

OPINION. An appropriate judgment will be entered. Signed by Honorable Judge Myron H. Thompson on 9/6/2017. (dmn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION
WANDA JURRIAANS,

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Plaintiff,
v.
ALABAMA COOPERATIVE
EXTENSION SYSTEM and
AUBURN UNIVERSITY,
Defendants.

CIVIL ACTION NO.
3:17cv124-MHT
(WO)

OPINION
Pursuant to the Age Discrimination in Employment
Act (ADEA), 29 U.S.C. § 623, and Title VII of the Civil
Rights Act of 1964, as amended, 42 U.S.C. § 2000e et
seq.,

plaintiff

Wanda

Jurriaans

filed

this

lawsuit

against defendants Alabama Cooperative Extension System
and

Auburn

University,

asserting

age-discrimination

claims and a retaliation claim based on her complaints
of age and sex discrimination.

This lawsuit is now

before the court on the recommendation of the United
States

Magistrate

Judge

that

defendants’

motion

to

dismiss plaintiff’s ADEA-related claims be granted and

that plaintiff’s ADEA-related claims be dismissed with
prejudice on the basis of Eleventh Amendment immunity.
Also before the court are plaintiff’s “objections to
the recommendation” and her “alternative ... request
for

leave

injunctive

of

court

and

to

amend

declaratory

officials under the ADEA.

complaint”

relief

to

against

seek

certain

She seeks to do so on the

theory that such claims would not be barred by Eleventh
Amendment immunity.
After

an

independent

and

de

novo

review

of

the

record, the court concludes that plaintiff’s objections
should

be

overruled

and

recommendation adopted.
that

her

should

be

magistrate

request
treated
judge

required briefing.

for
as
for

the

magistrate

judge’s

The court further concludes
leave
a

to

motion

amend
and

consideration

the

complaint

referred
after

to

the

having

The parties are reminded of the

requirements of M.D. Ala., LR 15.1.

2

An appropriate judgment will be entered.
DONE, this the 6th day of September, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE