WALTON v. PITT OHIO EXPRESS

Filing 20

ORDER ADOPTING 19 REPORT AND RECOMMENDATIONS - The Court: (1) DENIES Defendant's motion to dismiss Plaintiff's § 1981 race discrimination claim; (2) GRANTS Defendant's motion to dismiss Plaintiff's ADEA age discrimin ation claim; and (3) GRANTS Defendant's motion to dismiss Plaintiff's state law claim for unpaid wages. Plaintiff's remaining § 1981 race discrimination claim is set for trial to the Court on Monday, December 1, 2014, at 9:30 a.m. in Room 216 of the United States Courthouse and for final pretrial conference on Tuesday, November 18, 2014, at 2:00 p.m. in Room 216 of the United States Courthouse. Signed by Judge Sarah Evans Barker on 2/27/2014. Copy Mailed. (JD)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

BYRON WALTON,
Plaintiff,
vs.
PITT OHIO EXPRESS,
Defendant.

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1:13-cv-559- SEB-DKL

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
The Court, having reviewed the Magistrate Judge’s Report and Recommendation filed at
Docket No. 19 and observing that no party has objected to it within the time permitted under law,
now adopts the Magistrate’s Judge’s Report and Recommendation as the ruling of the Court.
Accordingly, the Court: (1) DENIES Defendant’s motion to dismiss Plaintiff’s § 1981 race
discrimination claim; (2) GRANTS Defendant’s motion to dismiss Plaintiff’s ADEA age
discrimination claim; and (3) GRANTS Defendant’s motion to dismiss Plaintiff’s state law claim
for unpaid wages.
Plaintiff’s remaining § 1981 race discrimination claim is set for trial to the Court on Monday,
December 1, 2014, at 9:30 a.m. in Room 216 of the United States Courthouse and for final pretrial
conference on Tuesday, November 18, 2014, at 2:00 p.m. in Room 216 of the United States
Courthouse.
IT IS SO ORDERED.
Date: 02/27/2014
_______________________________
SARAH EVANS BARKER, JUDGE
United States District Court
Southern District of Indiana

Copies to:
Robert F. Seidler
OGLETREE, DEAKINS, NASH, SMOAK & STEWART
[e-mail]
BYRON WALTON
3426 Waterloo Drive
Indianapolis, IN 46268