Spellman v. City of Chesapeake, Virginia Public Schools et al

Filing 20

ORDER granting 11 Motion to Dismiss; adopting Report and Recommendations re 19 Report and Recommendations. Plaintiff is given twenty-one (21) days from the entry of this Order to file any amended race discrimination claims under Count I of the Complaint. (See Order for details). Signed by Chief District Judge Rebecca Beach Smith on 4/30/2018. (clou)

UNITED

STATES

DISTRICT

EASTERN DISTRICT

COURT

OF VIRGINIA

Norfolk Division

DANNETTA G.

FILED
3 0 Ml 8

SPELLMAN,

CLERK, U.S. DISTRICT COURT
f^irsDcni K VA

Plaintiff,

Case No.

V.

THE

SCHOOL BOARD

OF CHESAPEAKE,

OF

THE

2:17cv635

CITY

VIRGINIA,
Defendant.

ORDER

This matter comes before the court on Defendant's, the School
Board of the City of Chesapeake, Virginia, Motion to Dismiss Count

I of the Complaint

{ECF No.

11)

filed on February 27,

2018.

The

matter was referred to a United States Magistrate Judge by Order of
March 21, 2018,

(ECF No. 17), pursuant to the provisions of 2 8 U. S. C.

§ 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b), to conduct

hearings,

including

evidentiary

hearings,

if

necessary,

and

to

submit to the undersigned proposed findings of fact, if applicable,
and recommendations for the disposition of the Motion.

The United States Magistrate Judge's Report and Recommendation
(ECF No.

19)

was

filed on April

5,

2018.

The Magistrate Judge

recommended that the court grant Defendant's Motion to Dismiss Count
I of the Complaint.

By copy of the Report and Recommendation of the Magistrate

Judge,

the parties were advised of their right to file written

objections thereto.

The court has received no objections to the

Magistrate Judge's Report and Recommendation, and the time for filing
same has expired.

Accordingly,

the court does hereby ADOPT AND

APPROVE IN FULL the findings and recommendations set forth in the

Report and Recommendation of the United States Magistrate Judge filed
April 19, 2018 .
I.
§

The court GRANTS Defendant's Motion to Dismiss Count

Count I's gender claims pursuant to Title VII and 42 U.S.C.
1981

are

DISMISSED

WITH

PREJUDICE.

However,

Count

I's

race

discrimination claims pursuant to Title VII and 42 U.S.C. § 1981 are
DISMISSED WITHOUT

PREJUDICE

to

amend

these

claims.

Plaintiff

is

given twenty-one (21) days from the entry of this Order to file any
amended race discrimination claims under Count I of the Complaint.
The Clerk shall forward a copy of this Order to all parties of
record.

It

is

so ORDERED

/S/

Rebecca Beach Smith

Chief Judge
REBECCA
CHIEF

April 30,

2018

BEACH
JUDGE

SMITH

^