Flowers v. Texas Military Dept

Filing 21

MEMORANDUM AND ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS (Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4)

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United States District Court Southern District of Texas ENTERED IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION SANDRA FLOWERS, Plaintiff, v. TEXAS MILITARY DEPT. 401, Defendant. § § § § § § § January 08, 2018 David J. Bradley, Clerk CIVIL ACTION NO. 4:17-cv-02704 MEMORANDUM AND ORDER Plaintiff Sandra Flowers filed a Complaint on August 22, 2017, which the Court refiled under a different civil action number on September 5, 2017, alleging that the termination of her employment by Defendant Texas Military Department (“TMD”) constituted discrimination based on her age, in violation of the Age Discrimination in Employment Act (“ADEA”), and race, in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”). On October 12, 2017, TMD moved to dismiss Plaintiff’s Complaint in its entirety. Defendant’s Motion to Dismiss [Doc. # 7]. On November 13, 2017, this Court referred the case to United States Magistrate Judge Dena Palermo for all pretrial proceedings, including report and recommendation on dispositive motions. Order [Doc. # 9]. See 28 U.S.C. § 636(b)(1)(B). On December 20, 2017, Magistrate Judge Palermo issued a Report and Recommendation (the “Report and Recommendation”) [Doc. # 18] recommending that Plaintiff’s ADEA P:\ORDERS\11-2017\2704AdoptMagRNoObj.wpd 180108.1320 claim be dismissed because TMD is entitled to the protection of sovereign immunity under the Eleventh Amendment of the United States Constitution and that Plaintiff’s Title VII claim should not be dismissed because her race discrimination claim was timely filed. The time for objections to the Report and Recommendation has expired without any objections being filed. The Court finds that the Magistrate Judge’s Report and Recommendation is well founded, and that the Magistrate Judge’s recommended disposition should be adopted.1 It is therefore ORDERED that the Report and Recommendation [Doc. # 18] is ADOPTED as this Court’s Memorandum and Order. If is further ORDERED that Defendant’s Motion to Dismiss [Doc. # 7] is GRANTED in part and DENIED in part. Plaintiff’s claim under the ADEA is DISMISSED WITH PREJUDICE. In all other respects, the Motion to Dismiss is DENIED. SIGNED at Houston, Texas, this 8th day of January, 2018. NAN Y F. ATLAS SENIOR UNI STATES DISTRICT JUDGE 1 Since there are no objections, the Court has not made a de novo review of this matter. See 28 U.S.C. § 636(b)(1). P:\ORDERS\11-2017\2704AdoptMagRNoObj.wpd 180108.1320 2

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