MITCHELL v. FIRST TRANSIT INC

Filing 43

ORDER ADOPTING 39 REPORT AND RECOMMENDATION. That Defendant's motion to partially dismiss the Amended Complaint (ECF No. 23 ) be GRANTED; That Plaintiff's claims of discrimination based upon color (independent of race ), age, and non-union status be DISMISSED without prejudice for failure to exhaust administrative remedies; and That Plaintiff's failure to promote claims be DISMISSED without prejudice for failure to exhaust administrative remedies. Signed by CHIEF JUDGE M CASEY RODGERS on 5/10/2017. (sdw)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
BRENDA ELAINE MITCHELL,
Plaintiff,
vs.

Case No.: 3:15cv529/MCR/EMT

FIRST TRANSIT, INC.
d/b/a ESCAMBIA COUNTY AREA TRANSIT,
Defendant.
_________________________________/
ORDER
This cause comes before the Court on consideration of the Magistrate Judge’s
Report and Recommendation dated April 24, 2017 (ECF No. 39). The parties have
been furnished a copy of the Report and Recommendation and have been afforded an
opportunity to file objections pursuant to Title 28, United States Code, Section
636(b)(1). The Court has made a de novo determination of any timely filed
objections.

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Having considered the Report and Recommendation, the Court has determined
that the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1.

That Defendant’s motion to partially dismiss the Amended Complaint

(ECF No. 23) be GRANTED;
2.

That Plaintiff’s claims of discrimination based upon color (independent

of race), age, and non-union status be DISMISSED without prejudice for failure to
exhaust administrative remedies; and
3.

That Plaintiff’s failure to promote claims be DISMISSED without

prejudice for failure to exhaust administrative remedies.
DONE AND ORDERED this 10th day of May 2017.

M. Casey Rodgers
M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE

Case No.: 3:15-cv-529/MCR/EMT