Conde v. International Brotherhood of Teamsters Local Union 728

Filing 41

ORDER ADOPTING 38 Report and Recommendation, DENYING AS MOOT 19 Motion to Dismiss for Failure to State a Claim, DISMISSING 20 Amended Complaint, DENYING 23 & 24 Motions to Strike, DENYING 28 Motion for Leave to File; DENYING 33 Motion for Review of Court Order; GRANTING IN PART AND DENYING IN PART 35 Motion for Leave to File Third Amended Complaint. Plaintiff's Title VII and ADEA retaliation claims against Defendant Truck Drivers and Helpers Local Union No. 728 are allowed to proceed. Signed by Judge Thomas W. Thrash, Jr on 11/20/17. (jkl)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
LAURETTA D. CONDE,
Plaintiff,
v.

CIVIL ACTION FILE
NO. 1:17-CV-78-TWT

TRUCK DRIVERS & HELPER
LOCAL 728 & AFFILIATES,
Defendant.
ORDER

This is a pro se employment discrimination action. It is before the Court on the
Report and Recommendation [Doc. 38] of the Magistrate Judge recommending
allowing the Plaintiff’s Title VII and ADEA retaliation claims to proceed. The
Plaintiff’s Objections to the Report and Recommendation are largely
incomprehensible, consisting mostly of abstract principles of law and random factual
allegations. No useful purpose would be served in repeating the factual findings and
conclusions of law from the thorough and well-reasoned Report and
Recommendation. The Court approves and adopts the Report and Recommendation
as the judgment of the Court. The Plaintiff’s Request For Review of Court Order
[Doc. 33] is DENIED. The Defendant’s Motion to Dismiss Amended Complaint [Doc.
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19] is DENIED as moot. The Defendant’s Motion to Strike Plaintiff’s Second
Amended Complaint [Doc. 23] and Corrected Motion to Strike Plaintiff’s Second
Amended Complaint [Doc. 24] are DENIED. The Plaintiff’s Second Amended
Complaint [Doc. 20] is DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for
failure to state a claim on which relief may be granted. The Plaintiff’s Motion For
Leave to File “Second” Amended Complaint [Doc. 28] is DENIED. The Plaintiff’s
Motion For Leave to File “Third” Amended Complaint [Doc. 35] is GRANTED in
part and DENIED in part. Specifically, the Plaintiff’s motion to amend her Title VII
and ADEA retaliation claims against Defendant Truck Drivers and Helpers Local
Union No. 728 is GRANTED and those claims may proceed. But her motion to amend
her complaint to assert any other claims set forth in her proposed “Third” Amended
Complaint [Doc. 35-1] is DENIED.
SO ORDERED, this 20 day of November, 2017.

/s/Thomas W. Thrash
THOMAS W. THRASH, JR.
United States District Judge

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