Ross v. Teleperformance USA Inc et al

Filing 7

DECISION AND ENTRY: (1) ADOPTING THE AMENDED REPORT AND RECOMMENDATIONS OF THE MAGISTRATE JUDGE (Doc. 4 ); (2) DISMISSING ONLY THE TITLE VII CLAIMS AGAINST DEFENDANTS MURRELL, NABOORS, HARRIS, THROCKMORTON, DUVALL, TYREE, JACK AND STEWARD; (3) AND DIRECTING SERVICE ON ALL DEFENDANTS NAMED IN THE COMPLAINT. Signed by Judge Timothy S. Black on 3/8/2013. (mr1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
KEESYA D. ROSS,
Plaintiff,
vs.
TELEPERFORMANCE USA, INC., et al.,
Defendants.

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Case No. 3:13-cv-38
Judge Timothy S. Black
Magistrate Judge Sharon L. Ovington

DECISION AND ENTRY: (1) ADOPTING THE AMENDED REPORT AND
RECOMMENDATIONS OF THE MAGISTRATE JUDGE (Doc. 4); (2) DISMISSING
ONLY THE TITLE VII CLAIMS AGAINST DEFENDANTS MURRELL, NABOORS,
HARRIS, THROCKMORTON, DUVALL, TYREE, JACK AND STEWARD; (3) AND
DIRECTING SERVICE ON ALL DEFENDANTS NAMED IN THE COMPLAINT
This case is before the Court on the Amended Report and Recommendations of United
States Magistrate Judge Sharon L. Ovington. (Doc. 4),1 who recommends that the Complaint not
be dismissed against Teleperformance USA, Inc., that Plaintiff’s state law claims against
Defendants Murrell, Naboors, Harris, Throckmorton, Duvall, Tyree, Jack and Stewart not be
dismissed, that Plaintiff’s Title VII claims against Defendants Murrell, Naboors, Hariss,
Throckmorton, Duvall, Tyree, Jack and Stewart be dismissed and that the Clerk be directed to
serve the Complaint on Defendants. Plaintiff did not file objections to the Report and
Recommendations and the time for doing so has expired. Accordingly, the issues are now ripe
for decision by the Court.
As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), the Court reviewed the
comprehensive findings of the Magistrate Judge de novo. Upon considering de novo all issues
addressed by the Magistrate Judge, the Court ADOPTS the Report and Recommendations in its
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An identical Report and Recommendation was filed on February 12, 2013. (Doc. 3). The Court directs
the Clerk to terminate that Report and Recommendations on the pending motions list.

entirety (Doc. 4) and DISMISSES Title VII claims against Defendants Murrell, Naboors, Hariss,
Throckmorton, Duvall, Tyree, Jack and Stewart. Plaintiff’s remaining claims remain pending
and the Clerk is instructed to serve the Complaint together with a summons upon each
Defendant with all costs of service advanced by the United States.
The Court VACATES the Notation Order improperly docketed on March 7, 2013.
Plaintiff filed a Motion seeking an Entry of Default against Defendants. (Doc. 6). Because
Defendants have not yet been served, Plaintiff’s Motion (Doc. 6) is DENIED.
IT IS SO ORDERED.

Date: March 8, 2013

s/ Timothy S. Black
Timothy S. Black
United States District Judge

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