Merriam v. Peak Restaurant Partners et al

Filing 63

ORDER ADOPTING REPORT AND RECOMMENDATION re 62 Report and Recommendation granting in part and denying in part 41 Motion for Summary Judgment. Defendant's Motion for Summary Judgment is granted with respect to Plaintiff's claims for hostile work environment, constructive discharge, and gender discrimination. Defendant's Motion is denied with respect to Plaintiff's claims for retaliation. Signed by Judge Dee Benson on 3/28/2018. (blh)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
SHERILYNN MERRIAM,
Plaintiff,

ORDER ADOPTING REPORT AND
RECOMMENDATION

v.
PEAK RESTAURANT PARTNERS,
Defendant.

Case No. 2:15-cv-32-DB
District Judge Dee Benson

Before the Court is the Report and Recommendation issued by United States Magistrate
Judge Evelyn Furse on March 12, 2018, recommending that the court grant Defendant’s Motion
for Summary Judgment on Plaintiff’s hostile work environment claim, constructive discharge
claim, and gender discrimination claim, and deny Defendant’s Motion with respect to Plaintiff’s
retaliation claim. (Dkt. No. 62.)
The parties were notified of their right to file objections to the Report and
Recommendation within 14 days of service pursuant to 28 U.S.C. § 636 and Fed. R. Civ. P. 72.
As of the date of this Order, no objection has been filed to the Report and Recommendation.
De novo review of all materials, including the record that was before the magistrate judge
and the reasoning set forth in the Report and Recommendation, has been completed. The
analysis and conclusion of the magistrate judge are correct and the Report and Recommendation
will be adopted.
IT IS HEREBY ORDERED that the Report and Recommendation is ADOPTED and
Defendant’s Motion for Summary Judgment is granted with respect to Plaintiff’s claims for

hostile work environment, constructive discharge, and gender discrimination. Defendant’s
Motion is denied with respect to Plaintiff’s claims for retaliation.

DATED this 28th day of March, 2018.

BY THE COURT:

Dee Benson
United States District Judge

2