Lowe v. Hamilton County Department of Job & Family Services et al

Filing 113

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 106 Report and Recommendations. Accordingly, 94 defendants motion to dismiss/motion for summary judgment is GRANTED as to Counts II, VI, VI [sic/second], VII [sic/second], IIX [sic/second] (i.e., raci al discrimination, age discrimination, Section 1983, and Section 1981) and is further granted as to precluding punitive damages; and the motion is DENIED as to Counts I, III, IV, V and VII (i.e., disability discrimination and retaliation) and is further denied as to precluding claims for lost pay damages. (wam1, )

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION UNEEK LOWE, Plaintiff(s), vs. HAMILTON COUNTY JOB & FAMILY SERVICES, et. al., Defendant(s). : : : : : : : : : ORDER This matter is before the Court pursuant to the Order of General Reference in the United States District Court for the Southern District of Ohio Western Division to United States Magistrate Judge Timothy S. Black. Pursuant to such reference, the Magistrate Judge reviewed the pleadings and filed with this Court on February 19, 2009 a Report and Recommendation (Doc. 106). Subsequently, the defendants filed objections to such Report and Recommendation (Doc. 112). The Court has reviewed the comprehensive findings of the Magistrate Judge and considered de novo all of the filings in this matter. Upon consideration of the foregoing, the Court does determine that such Recommendations should be adopted. Accordingly, defendant's motion to dismiss/motion for summary judgment is GRANTED as to Counts II, VI, VI [sic/second], VII [sic/second], IIX [sic/second] (i.e., racial discrimination, age discrimination, Section 1983, and Section 1981) and is further granted as to

Case Number: 1:05cv117 Chief Judge Susan J. Dlott

precluding punitive damages; and the motion is DENIED as to Counts I, III, IV, V and VII (i.e., disability discrimination and retaliation) and is further denied as to precluding claims for lost pay damages. IT IS SO ORDERED.

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___s/Susan J. Dlott___________ Chief Judge Susan J. Dlott United States District Court