Applegate v. Kiawah Development Partners Inc
Filing
23
ORDER adopting Report and Recommendations of Magistrate Judge Bristow Marchant and granting 9 Motion to Dismiss Plaintiffs third cause of action for breach of contract. Signed by Honorable Richard M Gergel on 7/24/2012.(cwhi, )
IN THE UNITED STATES DISTRICT COURT
RECr:tVEtJ
FOR THE DISTRICT OF SOUTH CAROLItr:l5\)c. CU:~:l<, b ' ,\ ;~:!~.S T0H. SC
CHARLESTON DIVISION
nlz JUL 21..1 P 2: 5b
Cara Applegate,
Plaintiff,
v.
Kiawah Development Partners, Inc.
Defendant.
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Civil Action No.: 2:12-cv-738-RMG
ORDER
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This matter comes before the Court on Defendant's motion to dismiss Plaintiffs third
cause of action in the Complaint. (Dkt. No.9). Plaintiff asserts claims arising under the Family
Medical Leave Act ("FMLA"), 29 U.S.C. § 2615, as well as a state law breach of contract claim.
Pursuant to the provisions of Title 28, United States Code § 636(b)(1 )(A), and the Local Rules,
all pretrial matters in employment discrimination cases are referred to a United States Magistrate
Judge for consideration. In her third cause of action, Plaintiff alleges a state law breach of
contract claim based on an employment agreement that she alleges she had with Defendant.
Defendant asserts that Plaintiffs employment was at-will and not for a definite period of time.
Plaintiff has filed a response to Defendant's motion (Dkt. No. 11) and Defendant has filed a
reply (Dkt. No. 12). The Magistrate Judge issued a Report and Recommendation recommending
that this Court grant Defendant's motion to dismiss Plaintiffs third cause of action for breach of
contract, finding that Plaintiff has not set forth sufficient factual allegations to establish that the
employment agreement at issue constituted an employment contract beyond the at-will
relationship. (Dkt. No. 20). The parties were advised that any objections to the Report and
Recommendation must be filed in writing within 14 days of service of the Report and
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Recommendation or face limited review by the District Court and waiver of the right of appeal.
See Dkt. No. 20 at 7; Thomas v. Arn, 474 U.S. 140 (1985); Wright v. Collins, 766 F.2d 841 (4th
Cir. 1985); United States v. Schronce, 727 F.2d 91 (4th Cir. 1984). Notwithstanding these
instructions, Plaintiff failed to file any written objections to the Magistrate Judge's Report and
Recommendation.
The Court has reviewed the record in this matter, the Report and Recommendation and
the applicable law and hereby finds that the Report and Recommendation accurately summarizes
the applicable factual and legal issues in this motion. Therefore, the Court hereby adopts the
Report and Recommendation as the order of this Court. (Dkt. No. 20). For the reasons
articulated by the Magistrate Judge, it is hereby ORDERED that Defendant's motion to dismiss
Plaintiffs third cause of action for breach of contract be GRANTED.
AND IT IS SO ORDERED.
The Honorable Ric ard Mark Gergel
United State District Court Judge
Charleston, South Carolina
Julyi.H',2012
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