Cunningham v. Vanderbilt University, The et al

Filing 55

ORDER: Report and Recommendation 52 is ADOPTED. Accordingly, Defendants' Partial Motion to Dismiss the Amended Complaint 38 is GRANTED IN PART with respect to the intentional infliction of emotional distress claim, and DENIED IN PART in al l other respects. Plaintiff's intentional infliction of emotional distress claim is DISMISSED WITH PREJUDICE. Pursuant to Federal Rule of Civil Procedure 12(a)(4)(A), Defendants shall serve a responsive pleading to the Amended Complaint within fourteen days of the date of this Order. Signed by District Judge Waverly D. Crenshaw, Jr on 3/21/17. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
CRAIG CUNNINGHAM,

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Plaintiff,
v.
THE VANDERBILT UNIVERSITY,
et al.,
Defendants.

NO. 3:16-cv-00223
JUDGE CRENSHAW

ORDER
Pending before the Court is a Report and Recommendation of the Magistrate Judge, to
which no timely objections have been filed. (Doc. No. 14.) The Court has reviewed the Report
and Recommendation and conducted a de novo review of the record. The Report and
Recommendation is ADOPTED.
Accordingly, Defendants’ Partial Motion to Dismiss the Amended Complaint (Doc. No.
38) is GRANTED IN PART with respect to the intentional infliction of emotional distress claim,
and DENIED IN PART in all other respects. Plaintiff’s intentional infliction of emotional distress
claim is DISMISSED WITH PREJUDICE.
Pursuant to Federal Rule of Civil Procedure 12(a)(4)(A), Defendants shall serve a
responsive pleading to the Amended Complaint within fourteen days of the date of this Order.
IT IS SO ORDERED.

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WAVERLY D. CRENSHAW, JR.
UNITED STATES DISTRICT JUDGE