Flowers v. Texas Military Dept
MEMORANDUM AND ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS (Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4)
United States District Court
Southern District of Texas
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
TEXAS MILITARY DEPT. 401,
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
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
STATES DISTRICT JUDGE
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).
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