Strickland v. Sun Country Airlines et al

Filing 23

ORDER re Report and Recommendation [Docket No. 22 ]. (1) Defendants' Motion to Dismiss [Docket No. 11 ] is GRANTED. (2) This action is DISMISSED WITH PREJUDICE. (Written Opinion) Signed by Judge Joan N. Ericksen on 1/16/2019. (CBC)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Verretta Strickland,
Plaintiff,
v.

Case No. 17-5072 (JNE/TNL)
ORDER

Sun Country Airlines, Minnesota Airlines,
John Fredrickson, Matthew Hoiness, and
David Johnson,
Defendants.
In a Report and Recommendation dated December 21, 2018, the Honorable Tony
N. Leung, United States Magistrate Judge, recommended that Defendants’ Motion to
Dismiss be granted. No objection has been received. The Court accepts the
recommended disposition with respect to the individual defendants and the ADEA claim.
Because Verretta Strickland brought her Title VII claim years after the 90-day limitation
period had expired and did not demonstrate that equitable tolling is warranted, the Court
dismisses her Title VII claim against Sun Country Airlines and Minnesota Airlines with
prejudice. To the extent the Report and Recommendation is consistent with this Order,
the Report and Recommendation is adopted. Accordingly, IT IS ORDERED THAT:
1.

Defendants’ Motion to Dismiss [Docket No. 11] is GRANTED.

2.

This action is DISMISSED WITH PREJUDICE.

LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: January 16, 2019
s/ Joan N. Ericksen
JOAN N. ERICKSEN
United States District Judge