Kelly v. Wal-Mart Stores East, LP (JOINT ASSIGN)(MAG+)

Filing 39

ORDER that the 38 Recommendation is ADOPTED, and that Defendant's 27 Motion to Dismiss is GRANTED as to Plaintiff's hostile work environment and failure to hire claims and DENIED as to his disparate treatment, failure to promote, and reasonable accommodation claims. It is further ORDERED that Defendant's previously filed 18 Motion to Dismiss be DENIED as moot. This case is REFERRED back to the Magistrate Judge for further proceedings. Signed by Honorable Judge William Keith Watkins on 3/6/2019. (dmn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
JALEON KELLY,
Plaintiff,
v.
WAL-MART STORES EAST, LP,
Defendant.

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CASE NO. 3:18-CV-149-WKW
[WO]

ORDER
On February 15, 2019, the Magistrate Judge filed a Recommendation to which
no timely objections have been filed. (Doc. # 38.) Upon an independent review of
the record and upon consideration of the Recommendation, it is ORDERED that the
Recommendation is ADOPTED, and that Defendant’s motion to dismiss (Doc. # 27)
is GRANTED as to Plaintiff’s hostile work environment and failure to hire claims
and DENIED as to his disparate treatment, failure to promote, and reasonable
accommodation claims. It is further ORDERED that Defendant’s previously filed
motion to dismiss (Doc. # 18) be DENIED as moot.
This case is REFERRED back to the Magistrate Judge for further proceedings.
DONE this 6th day of March, 2019.
/s/ W. Keith Watkins
UNITED STATES DISTRICT JUDGE