Butler v. Cleburne County Commission et al

Filing 41

ORDER ADOPTING REPORT AND RECOMMENDATIONS granting in part and denying in part 31 motion to dismiss filed by dfts Cleburne County Water Authority, Jerry Vaughn, Roger Hand, Sam Britt, Chris Jackson, and Joe Bill Conkle; and granting in part and den ying in part 33 motion to dismiss filed by Cleburne County Commission, Cleburne County Commission d/b/a Cleburne County Water Authority, Joel Robinson, Dwight Williamson, and Tracy Lambert; pla's claims against individual dfts are DISMISSED WITH PREJUDICE; pla's claims for punitive damages are DISMISSED; Count IV of pla's complaint for breach of contract is DISMISSED; remaining claims as set out. Signed by Judge Inge P Johnson on 6/14/12. (ASL)

FILED
2012 Jun-14 PM 03:41
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
TERRY BUTLER,
Plaintiff,
CASE NO. 1:10-cv-2561-PWG

v.
CLEBURNE COUNTY
COMMISSION et al.,
Defendants.

MEMORANDUM OPINION AND ORDER
The magistrate judge filed an order on January 17, 2012 (doc. 39),
recommending that defendants’ motions to dismiss (docs. 31 and 33) be GRANTED
IN PART AND DENIED IN PART. Also on January 17, 2012, the parties were
informed of their respective right to file objections to the magistrate’s report and
recommendation, but no such objections have been received.
Having carefully reviewed and considered de novo all the materials in the court
file, including the findings and recommendation and the objections filed by plaintiff,
the Court is of the opinion that the magistrate judge’s findings are due to be and are
hereby ADOPTED and his recommendation is ACCEPTED.
In accordance with the same, the motion to dismiss filed by defendants the
Cleburne County Water Authority, Jerry Vaughn, Roger Hand, Sam Britt, Chris

Jackson, and Joe Bill Conkle (doc. 31) is GRANTED IN PART and DENIED IN
PART. Said motion is GRANTED to the extent that the plaintiff’s claims against the
individual defendants are DISMISSED WITH PREJUDICE. Plaintiff’s claims for
punitive damages are DISMISSED. Said motion is also GRANTED to the extent that
Count IV of the plaintiff’s complaint, for breach of contract, is DISMISSED.
Similarly the motion to dismiss filed by the Cleburne County Commission, the
Cleburne County Commission D/B/A the Cleburne County Water Authority, Joel
Robinson, Dwight Williamson, and Tracy Lambert (doc. 33) is GRANTED IN PART
and DENIED IN PART. Said motion is GRANTED to the extent that the plaintiff’s
claims against the individual defendants are DISMISSED WITH PREJUDICE.
Plaintiff’s claims for punitive damages are DISMISSED. Said motion is also
GRANTED to the extent that Count IV of the plaintiff’s complaint, for breach of
contract, is DISMISSED.
Said motions are DENIED on all other grounds raised. The remaining claims
are:
1. ADEA age-discrimination based on plaintiff’s discharge
2. ADEA retaliation based on plaintiff’s discharge
3. FLSA overtime, to the extent the violation was willful

2

4. FLSA retaliation based on plaintiff’s discharge, to the extent that any such
violation was willful.
As to the foregoing it is SO ORDERED this the 14th day of June, 2012.

INGE PRYTZ JOHNSON
U.S. DISTRICT JUDGE

3