WHETSTONE v. ALACHUA COUNTY SCHOOL BOARD

Filing 27

ORDER ADOPTING 26 REPORT AND RECOMMENDATION: Defendant's 21 Motion to Dismiss Plaintiff's 21 First Amended Complaint and Motion to Strike Plaintiff's Punitive Damages is GRANTED in part and DENIED in part. Pla intiff's claim for disparate treatment based upon race is permitted to proceed. All other claims are DISMISSED with prejudice. Defendant's Motion to Strike is GRANTED and Plaintiff's claim for punitive damages is stricken from her Amended Complaint. This case is REMANDED to the Magistrate Judge for further proceedings. Signed by JUDGE MARK E WALKER on 7/31/2015. (jws)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
ELLA MAE WHETSTONE,
Plaintiff,
v.

Case No. 1:14cv156-MW/GRJ

ALACHUA COUNTY
SCHOOL BOARD,
Defendant.
___________________________/
ORDER ACCEPTING AND ADOPTING REPORT AND
RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge's Report
and Recommendation. ECF No. 26. Upon consideration, no objections having
been filed by Plaintiff,
IT IS ORDERED:
The report and recommendation is accepted and adopted as this Court’s
opinion. Defendant's Motion to Dismiss Plaintiff's First Amended Complaint and
Motion to Strike Plaintiff's Punitive Damages Claim, ECF No. 21, is GRANTED
in part and DENIED in part. Plaintiff's claim for disparate treatment based upon
race is permitted to proceed. All other claims are DISMISSED with prejudice.
Defendant's Motion to Strike is GRANTED and Plaintiff's claim for punitive
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damages is stricken from her Amended Complaint. This case is REMANDED to
the Magistrate Judge for further proceedings.
SO ORDERED on July 31, 2015.
s/Mark E. Walker
United States District Judge

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