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, )

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

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