Sears v. General Services Administration et al

Filing 78

ORDER: Pending before the Court are a Report and Recommendation of the Magistrate Judge 70 and Objections filed by the Pltf 76 and 77 . The Court has reviewed the Report and Recommendation, the Objections, and the file. The Objections of the Plt f are overruled, and the Report and Recommendation is adopted and approved. Accordingly, the Motion to Dismiss filed by the Federal Defts 13 is GRANTED, and all claims against Defts Prouty, Whipple, Geithner, Shulman, Wolff, Doll, Hadden, McPhie, R ose, Spain, Natolitano, Esposito, Bergeron, and Holder are DISMISSED. Pltf's Motion for Partial Summary Judgment 30 is DENIED. D.N. Esposito; Timothy Geithner; Carltron M. Hadden; Eric Holder; Neil Anthony Gordon McPhie; Janet Natolitano; Paul F. Prouty; Mary M. Rose; Barbara J. Spain; Douglas Shulman; Kathie A. Whipple; Otto Wolff; Pauline A. Bergeron and John J. Doll terminated. Signed by Chief Judge Todd J. Campbell on 3/24/09. (reg & cert mail to pltf) (tmw)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION ANNE ALEXANDRA SEARS ) ) v. ) NO. 3:08-0338 ) JUDGE CAMPBELL ACTING GENERAL SERVICES ) ADMINISTRATION ADMINISTRATOR ) PAUL F. PROUTY, et al. ) ORDER Pending before the Court are a Report and Recommendation of the Magistrate Judge (Docket No. 70) and Objections filed by the Plaintiff (Docket Nos. 76 and 77). The Court has reviewed the Report and Recommendation, the Objections, and the file. The Objections of the Plaintiff are overruled, and the Report and Recommendation is adopted and approved.1 Accordingly, the Motion to Dismiss filed by the Federal Defendants (Docket No. 13) is GRANTED, and all claims against Defendants Prouty, Whipple, Geithner, Shulman, Wolff, Doll, Hadden, McPhie, Rose, Spain, Natolitano, Esposito, Bergeron, and Holder are DISMISSED. Plaintiff's Motion for Partial Summary Judgment (Docket No. 30) is DENIED. IT IS SO ORDERED. ___________________________________ TODD J. CAMPBELL UNITED STATES DISTRICT JUDGE

Plaintiff's arguments concerning the standard the Court must use on a motion to dismiss are incorrect, in light of the Supreme Court's decision in Bell Atlantic Corp. v. Twombly, 127 S.Ct. 1955 (2007).

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