Jackson v. Safety-Kleen Systems, Inc.,

Filing 43

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE for 39 Report and Recommendations, Set Hearings, GRANTING IN PART AND DENYING IN PART 20 Motion for Summary Judgment, filed by Safety-Kleen Systems, Inc. Signed by Judge Richard A. Schell on 10/29/2012. (baf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
ROBERT JACKSON
Plaintiff,
VS.
SAFETY-KLEEN SYSTEMS, INC.
Defendant.

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CASE NO. 4:11CV262

MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Came on for consideration the report of the United States Magistrate Judge in this action, this
matter having been heretofore referred to the United States Magistrate Judge pursuant to 28 U.S.C.
§ 636. On September 25, 2012, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Defendant’s Motion for Summary Judgment (Dkt. 20)
be GRANTED as to Plaintiff’s claims of racial discrimination and under Title VII, section 1981 and
the Texas Labor Code and age discrimination under the ADEA and DENIED as to Plaintiff’s claims
of age discrimination under the TCHRA. The report further recommended dismissal of the
remaining TCHRA claim without prejudice to refiling in state court.
The court has made a de novo review of the objections raised by Plaintiff and Defendant, as
well as Defendant’s response to Plaintiff’s objections, and is of the opinion that the findings and
conclusions of the Magistrate Judge are correct, and the objections are without merit as to the
ultimate findings of the Magistrate Judge. The court hereby adopts the findings and conclusions of
the Magistrate Judge as the findings and conclusions of this court.

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Therefore, Defendant’s Motion for Summary Judgment (Dkt. 20) is GRANTED as to
Plaintiff’s claims of racial discrimination and under Title VII, section 1981 and the Texas Labor
Code and age discrimination under the ADEA and DENIED as to Plaintiff’s claims of age
discrimination under the TCHRA. Plaintiff shall take nothing by his claims of racial discrimination
and under Title VII, section 1981 and the Texas Labor Code and age discrimination under the ADEA
and they shall be dismissed with prejudice. Plaintiff’s claims of age discrimination under the
TCHRA shall be dismissed without prejudice to refiling in state court.
IT IS SO ORDERED.
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SIGNED this the 29th day of October, 2012.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE

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