Dowell v. Department of the Army et al

Filing 157

ORDER: For the reasons set forth in the accompanying Memorandum, the plaintiff's Objections (Doc. No. 151) to the magistrate judge's Report and Recommendation (R&R) (Doc. No. 148) are OVERRULED IN PART AND GRANTED IN PART, and the R& R is ACCEPTED IN PART AND REJECTED IN PART. The plaintiff's Motion for Summary Judgment (Doc. No. 115) is DENIED, and the defendant's Motion for Summary Judgment (Doc. No. 125) is GRANTED IN PART AND DENIED IN PART. Specifically, the court finds that the material factual disputes preclude summary judgment in the defendants favor on the plaintiff's claim that the defendant discriminated against her based upon her race and retaliated against her for filing an EEO charge when it terminated a pending noncompetitive accretion of duties promotion initiated by the plaintiff's supervisor. The plaintiff's other claims, however, are DISMISSED. Signed by District Judge Aleta A. Trauger on 3/23/2017. (xc:Pro se party by regular and certified mail.)(jw)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION DEBBIE L. DOWELL, Plaintiff, v. ROBERT M. SPEER, Acting Secretary, Department of the Army, Defendant. ) ) ) ) ) ) ) ) ) ) Case No. 3:14-cv-01314 Judge Aleta A. Trauger ORDER For the reasons set forth in the accompanying Memorandum, the plaintiff’s Objections (Doc. No. 151) to the magistrate judge’s Report and Recommendation (R&R) (Doc. No. 148) are OVERRULED IN PART AND GRANTED IN PART, and the R&R is ACCEPTED IN PART AND REJECTED IN PART. The plaintiff’s Motion for Summary Judgment (Doc. No. 115) is DENIED, and the defendant’s Motion for Summary Judgment (Doc. No. 125) is GRANTED IN PART AND DENIED IN PART. Specifically, the court finds that the material factual disputes preclude summary judgment in the defendant’s favor on the plaintiff’s claim that the defendant discriminated against her based upon her race and retaliated against her for filing an EEO charge when it terminated a pending noncompetitive accretion of duties promotion initiated by the plaintiff’s supervisor. The plaintiff’s other claims, however, are DISMISSED. It is so ORDERED. This 23rd day of March 2017. ALETA A. TRAUGER United States District Judge

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