Kennebrew v. Cobb County School District

Filing 25

ORDER: The 22 Report and Recommendation is received with approval and adopted as the Opinion and Order of this Court. The undersigned agrees with the observation by Judge Salinas that while Defendants argument that Plaintiff failed to establish an inference of race discrimination because two African-American applicants were hired may ultimately be persuasive, Plaintiffs Amended Complaint is sufficient to survive at the Motion to Dismiss stage. Defendants 6 Motion to Dismiss is DENIED as mo ot. Defendants 11 Motion to Dismiss is GRANTED in part and DENIED in part. Defendants 11 Motion to Dismiss is DENIED as to Plaintiffs Title VII race discrimination claim. Defendants 11 Motion to Dismiss is GRANTED as to Plaintiffs §§ 1981/1983 claim for race discrimination against the School District. Plaintiffs 14 Motion for Leave to Add a Paragraph is DENIED. The parties are ORDERED to file their Joint Preliminary Report and Discovery Plan within fourteen days. Signed by Judge Richard W. Story on 04/18/16. (sk)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
FRANK KENNEBREW,
Plaintiff,
v.
COBB COUNTY SCHOOL
DISTRICT,
Defendant.

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CIVIL ACTION NO.
1:15-CV-2495-RWS

ORDER
This matter is before the Court on the Report and Recommendation of
Magistrate Judge Catherine M. Salinas [Doc. No. 22].

Having carefully

considered the record, the Report and Recommendation, and the objections filed
thereto [Doc. No. 24], the Report and Recommendation [Doc. No. 22] is received
with approval and adopted as the Opinion and Order of this Court.

The

undersigned agrees with the observation by Judge Salinas that while Defendant’s
argument that Plaintiff failed to establish an inference of race discrimination
because two African-American applicants were hired may ultimately be
persuasive, Plaintiff’s Amended Complaint is sufficient to survive at the Motion
to Dismiss stage.

AO 72A
(Rev.8/82)

Accordingly, Defendant’s Motion to Dismiss [Doc. No. 6] is DENIED as
moot. Defendant’s Motion to Dismiss [Doc. No. 11] is GRANTED in part and
DENIED in part. Defendant’s Motion to Dismiss [Doc. No. 11] is DENIED as to
Plaintiff’s Title VII race discrimination claim. Defendant’s Motion to Dismiss
[Doc. No. 11] is GRANTED as to Plaintiff’s §§ 1981/1983 claim for race
discrimination against the School District. Plaintiff’s Motion for Leave to Add a
Paragraph [Doc. No. 14] is DENIED. The parties are ORDERED to file their
Joint Preliminary Report and Discovery Plan within fourteen days.
SO ORDERED, this 18th day of April, 2016.

________________________________
RICHARD W. STORY
United States District Judge

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AO 72A
(Rev.8/82)