Harris v. Monroe County Public Library Board of Trustees et al

Filing 76

ORDER ADOPTING 69 REPORT AND RECOMMENDATION that Stacey's 52 Motion to Dismiss Counts IV and V of the amended complaint be DENIED. Howevever, as an alternative to dismissal, all of Count V and all of Count IV, to the extent that cause of action is asserted against any defendant except the Monroe County Library Board of Trustees, is STRICKEN from the operative amended complaint (doc. 51). Signed by Senior Judge Callie V. S. Granade on 2/17/21. (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
MARY HARRIS,
Plaintiff,
vs.
MONROE COUNTY PUBLIC
LIBRARY BOARD OF TRUSTEES;
MONROE COUNTY COMMISSION,
et al.,
Defendants.

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CIVIL ACTION NO. 19-0265-CG-N

ORDER
After due and proper consideration of the issues raised, and there having
been no objections filed, the second Report and Recommendation of the Magistrate
Judge entered January 21, 2021 (Doc. 69) under 28 U.S.C. § 636(b)(1)(B)-(C),
Federal Rule of Civil Procedure 72(b), and S.D. Ala. GenLR 72(a)(2)(S), is
ADOPTED as the opinion of this Court.
Accordingly, the motion to dismiss Counts IV and V of the amended
complaint under Federal Rule of Civil Procedure 41(b), and for the imposition of
sanctions (Doc. 52), filed by Defendant Steve Stacey is DENIED. However, as an
alternative to dismissal, the following matters are STRICKEN from the operative
amended complaint (Doc. 51) under Federal Rule of Civil Procedure 12(f): all of
Count V, and all of Count IV to the extent that cause of action is asserted against
any defendant except the Monroe County Library Board of Trustees.
DONE and ORDERED this the 17th day of February, 2021.
/s/ Callie V. S. Granade
SENIOR UNITED STATES DISTRICT JUDGE