Moore v. Animal Health International, Inc.

Filing 53

ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS re 51 Findings, Conclusions and Recommendation; 31 Motion for Summary Judgment. It is therefore ORDERED that the findings, conclusions, and recommendation of the Magistrate Judge are ADOPTED. Defendant's Motion for Summary Judgment (ECF 31) is GRANTED. (Ordered by Judge Matthew J. Kacsmaryk on 10/3/2019) (awc)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
AMARILLO DIVISION
LEAH K. MOORE,
Plaintiff,
v.
ANIMAL HEALTH
INTERNATIONAL, INC.,

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CIVIL ACTION NO. 2:18-CV-12-Z-BR

Defendant.
ORDER ADOPTING MAGISTRATE JUDGE’S FINDINGS AND CONCLUSIONS
On June 21, 2019, the United States Magistrate Judge entered findings and conclusions on
Defendant’s Motion for Summary Judgment (ECF 31). The Magistrate Judge RECOMMENDS
that Defendant’s motion (ECF 31) be GRANTED. No objections to the findings, conclusions, and
recommendation have been filed. After making an independent review of the pleadings, files, and
records in this case, and the findings, conclusions, and recommendation of the Magistrate Judge,
the Court concludes that the findings and conclusions are correct.
When a plaintiff brings a discrimination claim based on circumstantial evidence, he
“must first demonstrate a prima facie case [for the prohibited discrimination], and then the
burden of production shifts to the defendant to proffer a legitimate, non[-]discriminatory
reason for its action. If it does that, the presumption of discrimination disappears. The
plaintiff . . . must then produce substantial evidence indicating that the proffered legitimate
non[-]discriminatory reason is a pretext . . . .”
Vess v. MTD Consumer Grp., Inc., 755 Fed. App’x 404, 407 (5th Cir. 2019) (citing Outley v. Luke
& Assocs., Inc., 840 F.3d 212, 216 (5th Cir. 2016)). Here, Plaintiff failed to produce substantial

evidence that Defendant’s proffered legitimate non-discriminatory reason for terminating her was
a pretext.
It is therefore ORDERED that the findings, conclusions, and recommendation of the
Magistrate Judge are ADOPTED. Defendant’s Motion for Summary Judgment (ECF 31) is
GRANTED.
SO ORDERED.
SIGNED October 3, 2019.
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MATTHEW J. KACSMARYK
UNITED STATES DISTRICT JUDGE