Gaggos v. Walmart Distribution Center 7036

Filing 22

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: ORDERED that the Magistrate Judge's 21 Memorandum and Recommendations is hereby ADOPTED by this Court. ORDERED that the Defendant's 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM is GRANTED in part and that Plaintiff's Complaint is dismissed without prejudice for failure toexhaust administrative remedies as to any Title VII claim. ORDERED that the Defendant's 11 Motion to Dismiss is DENIED in part and Defendant 's alternative 11 Motion for a More Definite Statement is GRANTED as to any claim of discrimination or retaliation under the ADEA or ADA, and that Plaintiff is ORDERED to file an Amended Complaint within 21 days of this Order. ORDERED that the Plaintiff's 15 MOTION for Summary Judgment/Response to the Motion to Dismiss insofar as it constitutes a Motion for Summary Judgment is DENIED as Moot. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4)

Case 4:22-cv-00567 Document 22 Filed on 11/15/22 in TXSD Page 1 of 1
United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

November 15, 2022
Nathan Ochsner, Clerk

JOE GAGGOS JR.,
Plaintiff,

V.

CIVIL ACTION NO. 4:22-cv-0567

W ALMART DISTRIBUTION CENTER 7036
Defendants.

ORDER ADOPTING MAGISTRATE JUDGE'S
MEMORANDUM AND RECOMMENDATION
Having reviewed the Magistrate Judge's Memorandum and Recommendation dated October
27, 2022 (ECF 21) and no objections having been filed thereto, the Court is of the opinion that said
Memorandum and Recommendation should be adopted by this Court.
It is, therefore, 0 RD ERED that the Magistrate Judge's Memorandum and Recommendation
is hereby ADOPTED by this Court.
It is FURTHER ORDERED that the Defendant's Motion to Dismiss (ECF 11) is

GRANTED in part and that Plaintiff's Complaint is dismissed without prejudice for failure to
exhaust administrative remedies as to any Title VII claim.
It is FURTHER ORDERED that the Defendant's Motion to Dismiss (ECF 11) is DENIED

in part and Defendant's alternative Motion for a More Definite Statement (ECF 11) is GRANTED
as to any claim of discrimination or retaliation under the ADEA or ADA, and that Plaintiff is

ORDERED to file an Amended Complaint within 21 days of this Order.
It is FURTHER ORDERED that the Plaintiff's Response to the Motion to Dismiss (ECF
15) insofar as it constitutes a Motion for Summary Judgment is DENIED as Moot.

SIGNED at Houston, Texas this

IS--!/,

day of November, 2022.

SIM LAKE
SENIOR UNITED ST ATES DISTRICT JUDGE