Dobbins v. Federal Reserve Bank of Dallas
Order Accepting Findings and Recommendations re: 14 Findings and Recommendations on Motion re: 8 Dismiss for Failure to State a Claim filed by Federal Reserve Bank of Dallas. The court overrules Plaintiff's objection; grants Defendant 's Motion to Dismiss with respect to Plaintiff's TCHRA claim; and dismisses with prejudice the TCHRA claim. Defendant's Motion to Dismiss is denied as to Plaintiff's ADA claim. (Ordered by Judge Sam A. Lindsay on 3/31/2021) (chmb)
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
KEVIN DOBBINS, LLC,
FEDERAL RESERVE BANK OF
Civil Action No. 3:20-cv-00672-L
Before the court is Defendant Federal Reserve Bank’s (“Defendant”) Motion to Dismiss
Plaintiff’s Amended Complaint (“Motion”) (Doc. 8). On April 22, 2020, the court referred the
Motion to United States Magistrate Judge David Horan. On December 29, 2020, Magistrate Judge
Horan entered the Findings, Conclusions, and Recommendation (“Report”) (Doc. 14).
Specifically, Magistrate Judge Horan determined that the court should grant the Motion as to
Plaintiff Kevin Dobbins’s (“Plaintiff” or “Mr. Dobbins”) claim for discrimination under the Texas
Commission on Human Rights Act (“TCHRA”) and dismiss it with prejudice; and deny the Motion
as to Plaintiff’s claim for discrimination under the Americans with Disabilities Act (“ADA”).
Plaintiff filed his Objections (Doc. 15) on January 12, 2021; and Defendant filed its Response to
Plaintiff’s Objections (Doc. 16) on January 26, 2021.
Plaintiff objects to the Report because he contends that it incorrectly concludes that the
Federal Reserve Act (“FRA”) preempts his TCHRA claim. Defendant disagrees and contends that
the Report correctly held that the FRA preempts the TCHRA. The court agrees.
Memorandum Opinion and Order – Page 1
Having reviewed the pleadings, record, Report, and applicable law, and having conducted
a de novo review of those portions of the Report to which objections were made, the court accepts
the findings and conclusions of the Magistrate Judge as those of the court, and overrules Plaintiff’s
objection. The court, therefore, grants Defendant’s Motion to Dismiss (Doc. 8) with respect to the
FRA’s preemption of Plaintiff’s TCHRA claim; dismisses with prejudice the TCHRA claim; and
denies Defendant’s Motion to Dismiss (Doc. 8) with respect to the ADA claim as being timebarred.
It is so ordered this 31st day of March, 2021.
Sam A. Lindsay
United States District Judge
Memorandum Opinion and Order – Page 2
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