McCay-Jones v. Utility Meter Services, LLC

Filing 57

ORDER that the Court ADOPTS the Report of the Magistrate Judge and ACCEPTS his Recommendations and the Defendant's Motion for Summary Judgment is GRANTED IN PART AND DENIED IN PART, as more fully set out therein, It is ORDERED that this case is set for a Final Pretrial Conference on 7/20/2012 10:30 AM in Federal Courthouse, Huntsville, AL before Judge C Lynwood Smith Jr. Huntsville, AL before Judge C Lynwood Smith Jr. Signed by Judge C Lynwood Smith, Jr on 7/3/2012. (Attachments: # 1 Pretrial Conference Instructions)(AHI)

FILED
2012 Jul-03 PM 12:48
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
CATHY McCAY-JONES,
Plaintiff,
vs.
UTILITY METER SERVICES,
INC.,
Defendant.

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Civil Action No: CV 09-S-2286-S

ORDER
This case is before the court on defendant’s motion for summary (doc. no. 36).
On April 12, 2012, the magistrate judge entered his report and recommendation and
the parties were allowed therein fifteen days in which to file objections to the
recommendations. No objections have been filed by either the plaintiff or the
defendant.
After careful consideration of the record in this case and the magistrate judge’s
report and recommendation, the court hereby ADOPTS the report of the magistrate
judge and ACCEPTS his recommendations. Accordingly, defendant’s motion for
summary judgment is GRANTED IN PART and DENIED IN PART. The motion as
to plaintiff’s claims arising from a denial of promotion, hostile work
environment/sexual harassment, or constructive discharge are DISMISSED WITH

PREJUDICE. The motion as to the remaining claims of disparate treatment in terms
and conditions of employment, discriminatory discharge, and retaliation is DENIED.
It is further ORDERED that this case is set for a Final Pretrial Conference for
10:30 a.m. on July 20, 2012, at the United States Courthouse located at 101 Holmes
Avenue in Huntsville, Alabama in accordance with the attached instructions.
DONE and ORDERED this 3rd day of July, 2012.

______________________________
United States District Judge

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