Spellen v. University of Alabama at Birmingham (UAB)

Filing 37

MEMORANDUM OPINION AND ORDER re REPORT AND RECOMMENDATION re 18 MOTION for Summary Judgment filed by Board of Trustees of The University of Alabama. Motions terminated: 18 MOTION for Summary Judgment filed by Board of Trustees of The University of Alabama and 32 REPORT AND RECOMMENDATION re 18 MOTION for Summary Judgment filed by Board of Trustees of The University of Alabama. Signed by Judge Virginia Emerson Hopkins on 5/16/12. (SAC )

FILED
2012 May-16 AM 11:56
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
SIMONE A. SPELLEN,
Plaintiff
vs.
UNIVERSITY OF ALABAMA
AT BIRMINGHAM (UAB),
Defendant

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Case No. 2:08-CV-1331-VEH

MEMORANDUM OPINION AND ORDER
On March 16, 2012, the magistrate judge’s report and recommendation was
entered and the parties were allowed therein fourteen (14) days in which to file
objections to the recommendations made by the magistrate judge. The parties were
granted an extension to April 27, 2012, to file objections. On April 26, 2012,
defendant filed objections to the report and recommendation.
After careful consideration of the record in this case, the magistrate judge’s
report and recommendation and the objections thereto, the court hereby ADOPTS the
report of the magistrate judge. The court further ACCEPTS the recommendations
of the magistrate judge, and it is, therefore,

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ORDERED, ADJUDGED, and DECREED that defendant’s motion for
summary judgment as to plaintiff’s claim of pregnancy discrimination is due to be and
hereby is DENIED because genuine disputes of material facts exist, making judgment
inappropriate.

It is further ORDERED, ADJUDGED, and DECREED that

defendant’s motion for summary judgment is due to be and hereby is GRANTED as
to plaintiff’s claim of religious discrimination, and such claim is hereby DISMISSED
WITH PREJUDICE.
The Clerk is DIRECTED to REASSIGN this action to the undersigned for all
further proceedings.
DONE this the 16th day of May, 2012.

VIRGINIA EMERSON HOPKINS
United States District Judge

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