Hobson v. Hagel

Filing 143

ORDER: As an initial matter, the court takes judicial notice that Retired General James Mattis was confirmed as Secretary of Defense on January 20, 2017. He is automatically substituted as the defendant in this action by operation of Rule 25(d) of the Federal Rules of Civil Procedure. The Clerk shall make this change on the docket. For the reasons discussed in the accompanying Memorandum, the court ACCEPTS INPART AND REJECTS IN PART the R&R. The court, more specifically, REJECTS therecommend ation that the plaintiff's retaliation claim related to her non-selection for the 0310 Secondary English teaching position posted at Request for Personnel Action number 13Jun7XHEKY015490 be dismissed and DENIES summary judgment as to that claim . In all other respects, the plaintiffs objections are OVERRULED and the R&R is ACCEPTED. Summary judgment is GRANTED with respect to the other claims in the Verified Complaint or raised elsewhere in the plaintiffs filings. The trial will be rescheduled by separate order. Signed by District Judge Aleta A. Trauger on 2/28/2017. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

FAYE R. HOBSON,
Plaintiff,
v.
RETIRED GENERAL JAMES MATTIS,
Secretary, Department of Veterans
Affairs,
Defendant.

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Case No. 3:14-cv-01540
Judge Aleta A. Trauger

ORDER
As an initial matter, the court takes judicial notice that Retired General James Mattis was
confirmed as Secretary of Defense on January 20, 2017. He is automatically substituted as the
defendant in this action by operation of Rule 25(d) of the Federal Rules of Civil Procedure. The
Clerk shall make this change on the docket.
Before the court are the plaintiff’s Written Objections (Doc. No. 122) to the magistrate
judge’s December 14, 2016 Report and Recommendation (“R&R”), recommending that the
defendant’s Motion for Summary Judgment (Doc. No. 95) be granted and this action dismissed.
For the reasons discussed in the accompanying Memorandum, the court ACCEPTS IN
PART AND REJECTS IN PART the R&R. The court, more specifically, REJECTS the
recommendation that the plaintiff’s retaliation claim related to her non-selection for the 0310
Secondary English teaching position posted at Request for Personnel Action number
13Jun7XHEKY015490 be dismissed and DENIES summary judgment as to that claim.
In addition, although neither the defendant’s Motion for Summary Judgment nor the

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R&R addresses it, the court finds that the plaintiff has stated a claim based on her non-selection
for the 0310 Secondary English position posted in October 2013 under RPA 19211; that claim
also survives summary judgment.
In all other respects, the plaintiff’s objections are OVERRULED and the R&R is
ACCEPTED. Summary judgment is GRANTED with respect to the other claims in the Verified
Complaint or raised elsewhere in the plaintiff’s filings.
The trial will be rescheduled by separate order.
It is so ORDERED.

ALETA A. TRAUGER
United States District Judge