Stanley v. Lawrence County Commission
MEMORANDUM OPINION Signed by Chief Judge Karon O Bowdre on 1/31/14. (SAC )
2014 Jan-31 PM 01:26
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
LAWRENCE COUNTY COMMISSION,
Case No.: 5:11-cv-01583-KOB
This matter comes before the court on the “Defendant’s Motion for Summary Judgment”
(doc. 25) and “Motion to Strike Portions of Plaintiff’s Brief” (doc. 32). The magistrate judge filed
a report and recommendation on January 7, 2014 (doc. 37), recommending that the court DENY the
motion to strike and GRANT the defendant’s motion for summary judgment on the only remaining
Title VII race discrimination claim. No party filed any objections.
The court has carefully reviewed and considered de novo all the materials in the court file,
including the magistrate judge’s report and recommendation. The court ADOPTS the magistrate
judge’s report and ACCEPTS his recommendations that the court deny the motion to strike (doc. 32)
and grant the defendant’s motion for summary judgment (doc. 25).
Regarding the motion to strike, the court finds that the motion to strike is due to be DENIED
because the court’s consideration of the facts subject to the motion to strike does not impact its
ultimate determination on the motion and failure to consider these facts as undisputed would be
unduly harsh to the pro se plaintiff.
Moreover, the court finds that the defendant’s motion for summary judgment is due to be
GRANTED because the plaintiff’s Title VII claim is time-barred by the limitations of 42 U.S.C.
§ 2000e-5(b)(1). The court also finds that the plaintiff failed to demonstrate that equitable tolling
is warranted; that the facts demonstrate that the defendant did not deliberately conceal information;
and that the plaintiff failed to act with due diligence in pursuing her rights. As such, the motion for
summary judgment is due to be granted.
The court will enter a separate Order in conformity with this Memorandum Opinion.
DONE and ORDERED this 31st day of January, 2014.
KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE
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