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

Filing 36

ORDER adopting Report and Recommendations re 35 . (See order for specific details). Copies distributed as directed. Signed by Chief District Judge Rebecca Beach Smith on 11/2/2018. (clou)

UNITED

STATES DISTRICT

COURT

EASTERN DISTRICT OF VIRGINIA

Norfolk Division

MOV - 5 2018
DANNETTA G.

SPELLMAN,
CLERK,

NOHrOyS^VA

Plaintiff,
V.
THE

Case No.
SCHOOL

BOARD

OF

THE

2:17cv635

CITY

OF CHESAPEAKE, VIRGINIA,
Defendant.

ORDER

This matter comes before the court on Defendant's,

the School

Board of the City of Chesapeake, Virginia, Motion to Dismiss Amended
Complaint (ECFNo. 22) filed on June 4, 2018.

The matter was referred

to a United States Magistrate Judge by Order of July 2, 2018,

(ECF

No. 31), pursuant to the provisions of 28 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.

35)

was filed on October 15,

2018.

The Magistrate Judge

recommended that the court grant in part and deny in part Defendant's
Motion to Dismiss Amended Complaint.

By copy of the Report and Recommendation of the Magistrate
Judge,

the parties were

objections thereto.

advised of their

right

to

file

written

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
October 15,

2018.

The court GRANTS Defendant's Motion to Dismiss

Amended Complaint with respect to Count II's claims for § 1981/1983
race

discrimination

violations,

and

and

DENIES

procedural
Defendant's

and

substantive

Motion

to

due

process

Dismiss

Amended

Complaint with respect to Count I's claim for race discrimination
under Title VII, and Count Ill's claim for age discrimination under
the ADEA.

The Clerk shall forward a copy of this Order to all parties of
record.

It

is

so ORDERED.

Isl

(?cFl

Bsach Smith

Chief Judge

REBECCA
CHIEF

November ^

, 2018

BEACH
JUDGE

SMITH