Joritz v. University of Kansas

Filing 44

ORDER adopting Report and Recommendations 43 granting in part 29 Motion to Amend Complaint. See order for details. Signed by U.S. District Senior Judge Sam A. Crow on 10/9/18.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

CATHERNE A. JORITZ,
Plaintiff,
vs.

Case No. 17-4002-SAC-KGS

UNIVERSITY OF KANSAS,
Defendant.

O R D E R
This

case

is

before

the

court

upon

the

report

recommendation of United States Magistrate Judge Sebelius.
No. 43.

and
Doc.

The report and recommendation concludes after a review of

plaintiff’s motion to amend her complaint and related materials
and pleadings, that the motion should be granted in part and denied
in part.
The report and recommendation was filed on September 11, 2018.
Under the provisions of FED.R.CIV.P. 72(b)(2), the parties have 14
days

after

being

served

with

a

copy

of

the

report

recommendation to serve and file specific written objections.

and
No

objections have been filed as of this date.
Upon

review,

the

court

agrees

with

Judge

Sebelius’

recommended disposition of the motion to amend. Plaintiff’s motion
to amend (Doc. No. 29) shall be granted in part.

Plaintiff is

granted leave to file her amended complaint upon the condition

1

that the following claims be dismissed from the amended complaint:
(1) the Title VII claims against the individual defendants; (2)
the

§

1983

claims

against

the

University

of

Kansas

and

the

individual defendants in their official capacities; and (3) the
breach of contract claims against the individual defendants.
IT IS SO ORDERED.
Dated this 9th day of October, 2018, at Topeka, Kansas.

s/Sam A. Crow
Sam A. Crow, U.S. District Senior Judge

2