Cheatam v. J C Penney Co, Inc et al

Filing 21

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION. JCPenney and the individual Defendants' motions to dismiss are granted in part and denied in part. Plaintiff shall have 14 days from entry of this order by which to amend her complaint to state her defamation claims with sufficient particularity as set forth in the magistrate judge's report and recommendation. Signed by Judge Marcia A. Crone on 9/8/16. (mrp, )

UNITED STATES DISTRICT COURT
ETHEL CHEATAM,
Plaintiff,
v.
JCPENNEY CO., INC., et al.,
Defendants.

EASTERN DISTRICT OF TEXAS
'
'
'
'
'
'
'
'
'

CIVIL ACTION NO. 1:16-cv-72

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
This case was referred to the Honorable Zack Hawthorn, United States Magistrate Judge,
for all pretrial matters pursuant to General Order 05-07. Pending before the court are two
motions to dismiss, the first filed by JCPenney Co., Inc. (“JCPenney”), and the second filed
jointly by several individual Defendants. (Doc. Nos. 9, 11). The court has received and
considered the report and recommendation of the magistrate judge, which recommends that the
court deny JCPenney’s motion to dismiss Plaintiff’s Title VII retaliation claims, grant both
JCPenney and the individual Defendants’ motions to dismiss Plaintiff’s defamation claims (but
allow Plaintiff leave to amend), and grant the individual Defendants’ motion to dismiss with
prejudice Plaintiff’s Title VII claims against them in their individual capacities. (Doc. No. 17).
No objections have been filed to the magistrate judge’s report and recommendation, and the time
for so doing has passed.
It is, therefore, ORDERED that the magistrate judge’s report and recommendation is
ADOPTED. JCPenney and the individual Defendants’ motions to dismiss are granted in part
and denied in part in accordance with the magistrate judge’s report and recommendation.

1 of 2

Plaintiff shall have fourteen (14) days from entry of this order by which to amend her complaint
to state her defamation claims with sufficient particularity as set forth in the magistrate judge’s

.
report and recommendation.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Plano, Texas, this 8th day of September, 2016.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

2 of 2