MINTZ v. CITY OF HIGH POINT et al

Filing 13

ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 02/01/2013, adopting the Magistrate Judge's recommendation that Defendants' Motion to Dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1), 12(b)(5) and 12(b)(6) (Doc. 6 ) is < b>GRANTED IN PART AND DENIED IN PART without prejudice, in that any Title VII claim(s) against the individual Defendants are DISMISSED, but Plaintiff is allowed to amend his Complaint to establish subject matter jurisdiction for any Ti tle VII claim(s) against Defendant City of High Point, as well as to perfect service of process on Defendant City of High Point. FURTHER that this matter be set for a status conference with Magistrate Judge L. Patrick Auld to set further deadlines in this case. (Garland, Leah)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

ROBERT CHARLES MINTZ,
Plaintiff,
v.
CITY OF HIGH POINT, MIKE
SPENCER, RICHARD LAWRENCE,
GREGG NANCE, CHRIS THOMPSON,
and STEVE PENDRY,
Defendants.

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1:11CV586

ORDER
On December 31, 2012, the United States Magistrate Judge’s
Recommendation was filed and notice was served on the parties
pursuant to 28 U.S.C. § 636.

(Docs. 11 and 12.)

No objections

were filed within the time limits prescribed by Section 636.
Therefore, the court need not make a de novo review and the
Magistrate Judge’s Recommendation is hereby adopted.
IT IS THEREFORE ORDERED that Defendants’ Motion to Dismiss
pursuant to Federal Rules of Civil Procedure 12(b)(1), 12(b)(5)
and 12(b)(6) (Doc. 6) is GRANTED IN PART AND DENIED IN PART
without prejudice, in that any Title VII claim(s) against the
individual Defendants are DISMISSED, but Plaintiff is allowed to
amend his Complaint to establish subject matter jurisdiction for

any Title VII claim(s) against Defendant City of High Point, as
well as to perfect service of process on Defendant City of High
Point.
IT IS FURTHER ORDERED that this matter be set for a status
conference with Magistrate Judge L. Patrick Auld to set further
deadlines in this case.
This the 1st day of February, 2013.

_______________________________________
United States District Judge

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