Mudrich v. WalMart Stores

Filing 53

ORDER ADOPTING REPORT AND RECOMMENDATIONS 43 . Defendant Wal-Mart's Motion to Dismiss 3 is GRANTED IN PART and DENIED IN PART. The motion is GRANTED with respect to Plaintiff's age discrimination claims only. Plaintiff's age d iscrimination claims are dismissed with prejudice. The motion is WITHDRAWN with respect to Plaintiff's sex discrimination claims, and therefore Plaintiff's sex discrimination claims remain. The motion is DENIED with respect to Plaintif f's wrongful termination claim to the extent that it is based on sex discrimination, but GRANTED with respect to Plaintiff's wrongful termination claim to the extent that it is based on age discrimination. (Written Opinion). Signed by Judge John R. Tunheim on December 9, 2011. (HAM)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
________________________________________________________________________
Civil No. 11-1229 (JRT/JJK)

BRYAN R. MUDRICH,
Plaintiff,
v.

ORDER ADOPTING REPORT
AND RECOMMENDATION

WAL-MART STORES, INC.,
Defendant.
________________________________________________________________________
Bryan R. Mudrich, 15001 Greenhaven Drive #231, Burnsville, MN 55306,
pro se plaintiff.
Stephanie Sarantopoulos, Kahla Bunde, and Reagan Wilkins Oden, LITTLER
MENDELSON, PC, 80 South Eighth Street, Suite 1300, Minneapolis, MN
55402, for defendant.

The above-entitled matter comes before the Court upon the Report and
Recommendation of United States Magistrate Judge Jeffrey J. Keyes, dated November 18,
2011 [Docket No. 43]. No objections have been filed to that Report and Recommendation in
the time period permitted.
Based upon the Report and Recommendation of the Magistrate Judge, and all of
the files, records and proceedings herein, IT IS HEREBY ORDERED that Defendant
Wal-Mart’s Motion to Dismiss [Docket No. 3], be GRANTED IN PART and DENIED
IN PART. The motion is GRANTED with respect to Plaintiff’s age discrimination
claims only. Plaintiff’s age discrimination claims are dismissed with prejudice. The
motion is WITHDRAWN with respect to Plaintiff’s sex discrimination claims, and
therefore Plaintiff’s sex discrimination claims remain. The motion is DENIED with

respect to Plaintiff’s wrongful termination claim to the extent that it is based on sex
discrimination, but GRANTED with respect to Plaintiff’s wrongful termination claim to
the extent that it is based on age discrimination.

Dated: December 9, 2011
at Minneapolis, Minnesota

s/ John R. Tunheim
JOHN R. TUNHEIM
United States District Judge