Summerrow v. Chattanooga Boiler and Tank et al

Filing 38

REPORT AND RECOMMENDATION re 21 Motion to Dismiss. The Magistrate Judge recommends that the Motion to Dismiss be GRANTED, and that the complaint against them be dismissed with prejudice. Signed by Magistrate Judge John S. Bryant on 8/20/2014. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ds)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
JULIUS SUMMERROW,

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Plaintiff
v.
CHATTANOOGA BOILER AND TANK,
et al.,
Defendants
TO:

No. 3:13-0297
Judge Trauger/Bryant

THE HONORABLE ALETA A. TRAUGER
REPORT AND RECOMMENDATION
Individual Defendants Tom Schull and Mike McMinn have

filed their motion to dismiss Plaintiff’s age discrimination claims
against them for failure to state a claim upon which relief can be
granted

(Docket

Entry

No.

21).

As

grounds,

these

individual

Defendants assert that, as a matter of law, there is no personal
liability for Schull or McMinn because they do not qualify as
Plaintiff’s “employer” under Title VII of the Civil Rights Act of
1964.
On November 6, 2013, the parties jointly filed an agreed
stipulation

of

dismissal

of

the

complaint

against

individual

Defendants Schull and McMinn only, on the grounds that Chattanooga
Boiler and Tank was Plaintiff’s employer at all times material to
this case, and therefore that Chattanooga Boiler and Tank is the
appropriate Defendant in this matter (Docket Entry No. 27).
Based on this stipulation of the parties, the undersigned
Magistrate Judge finds that the motion to dismiss Defendants Schull

and McMinn (Docket Entry No. 21) should be GRANTED and that the
complaint against these two Defendants only should be dismissed.
RECOMMENDATION
For the reasons stated above, the undersigned recommends
that the Motion to Dismiss Defendants Schull and McMinn be GRANTED
and that the complaint against them be dismissed with prejudice.
Under Rule 72(b) of the Federal Rules of Civil Procedure,
any

party

has

14

days

from

receipt

of

this

Report

and

Recommendation in which to file any written objections to this
Recommendation with the District Court. Any party opposing said
objections shall have 14 days from receipt of any objections filed
in this Report in which to file any responses to said objections.
Failure to file specific objections within 14 days of receipt of
this Report and Recommendation can constitute a waiver of further
appeal of this Recommendation. Thomas v. Arn, 474 U.S. 140 106 S.
Ct. 466, 88 L.Ed.2d 435 (1985), Reh’g denied, 474 U.S. 1111 (1986).
ENTER this 20th day of August, 2014.
/s/ John S. Bryant
JOHN S. BRYANT
United States Magistrate Judge

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