Ghioroaie-Panait v. The Board of Trustees of Auburn University et al

Filing 40

ORDER: It is ORDERED that the Recommendation (Doc. 35 ) is ADOPTED. It is ORDERED as follows: 1. The Motion to Dismiss (Doc. 10 ) filed by Defendant Board of Trustees of Auburn University is DENIED as moot. 2. The reply brief filed by Defendant Auburn University (Doc. 27 ) is CONSTRUED as a motion to dismiss the complaint on the same grounds presented in the motion to dismiss (Doc. 10 ) filed by Defendant Board of Trustees of Auburn University. 3. Defendant Auburn Universitys motion to di smiss (Doc. 27 ) is GRANTED as to Plaintiff Adrian Ghioroaie-Panaits Title VII color discrimination claim and DENIED in all other respects. 4. Plaintiff Ghioroaie-Panaits Title VII color discrimination claim against Defendant Auburn University (Count IV of the amended complaint (Doc. 21 ) is DISMISSED with prejudice. 5. This action is REFERRED back to the Magistrate Judge for further proceedings. Signed by Chief Judge William Keith Watkins on 4/9/2018. (dmn, )