Tompkins v. Charlotte-Mecklenburg School System
Filing
22
ORDER granting in part and denying in part 7 Motion to Dismiss; adopting 18 Memorandum and Recommendations. Signed by District Judge Robert J. Conrad, Jr on 11/15/2016. (tmg)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:16-cv-152-RJC-DSC
ANGELINA TOMPKINS, on behalf of herself
and her minor child, T.S.,
Plaintiff,
v.
CHARLOTTE-MECKLENBURG SCHOOL
SYSTEM, et al.,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
)
ORDER
THIS MATTER comes before the Court on Defendants’ Motion to Dismiss, (Doc. No.
7), and supporting memoranda, (Doc. Nos. 8 and 12); Plaintiff’s Response in Opposition to
Defendants’ Motion to Dismiss, (Doc. No. 11); and the Magistrate Judge’s Memorandum and
Recommendation (“M&R”), (Doc. No. 18), recommending that this Court grant in part and deny
in part Defendants’ motion. The parties have not filed objections to the M&R and the time for
doing so has expired. Fed. R. Civ. P. 72(b)(2).
I.
BACKGROUND
No party has objected to the Magistrate Judge’s statement of the factual and procedural
background of this case. Therefore, the Court adopts the facts as set forth in the M&R.
II.
STANDARD OF REVIEW
A district court may assign dispositive pretrial matters, including motions to dismiss, to a
magistrate judge for “proposed findings of fact and recommendations.” 28 U.S.C.
§ 636(b)(1)(A) & (B). The Federal Magistrate Act provides that a district court “shall make a de
novo determination of those portions of the report or specified proposed findings or
recommendations to which objection is made.” Id. § 636(b)(1)(C); Fed. R. Civ. P. 72(b)(3).
However, “when objections to strictly legal issues are raised and no factual issues are challenged,
de novo review of the record may be dispensed with.” Orpiano v. Johnson, 687 F.2d 44, 47 (4th
Cir. 1982). De novo review is also not required “when a party makes general or conclusory
objections that do not direct the court to a specific error in the magistrate judge’s proposed
findings and recommendations.” Id. Similarly, when no objection is filed, “a district court need
not conduct a de novo review, but instead must ‘only satisfy itself that there is no clear error on
the face of the record in order to accept the recommendation.’” Diamond v. Colonial Life &
Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (quoting Fed. R. Civ. P. 72, advisory committee
note).
III.
DISCUSSION
Under Rule 72(b) of the Federal Rules of Civil Procedure, a district court judge shall
make a de novo determination of any portion of an M&R to which specific written objection has
been made. A party’s failure to make a timely objection is accepted as an agreement with the
conclusions of the Magistrate Judge. See Thomas v. Arn, 474 U.S. 140, 149–50 (1985). No
objection to the M&R having been filed, and the time for doing so having passed, the parties
have waived their right to de novo review of any issue covered in the M&R. Nevertheless, this
Court has conducted a full review of the M&R and other documents of record and, having done
so, hereby finds that the recommendation of the Magistrate Judge is, in all respects, in
accordance with the law and should be approved. Accordingly, the Court ADOPTS the
recommendation of the Magistrate Judge as its own.
IV.
CONCLUSION
IT IS, THEREFORE, ORDERED that:
1. The Magistrate Judge’s M&R, (Doc. No. 18), is ADOPTED;
2. Defendants’ Motion to Dismiss, (Doc. No. 7), is GRANTED in part and DENIED
in part. Specifically, Plaintiff’s claims pursuant to the North Carolina Persons with
Disabilities Protection Act, N.C. Gen. Stat. § 168A-11(c) (“NCPDPA”), and the Family
Educational Rights and Privacy Act, 20 U.S.C. 1232(g) (“FERPA”); as well as Plaintiff’s
claims for Intentional and Negligent Infliction of Emotional Distress, Negligent
Supervision and Training, and Punitive Damages are DISMISSED with prejudice.
Defendants’ motion is DENIED in all other respects without prejudice to
Defendants’ right to reassert their arguments as to immunity and service of process
following the close of the extended deadline.
Signed: November 15, 2016
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?