Cook v. UNISYS Federal Government Group

Filing 41

ORDER adopting in part Report and Recommendations re 37 Report and Recommendations for 37 Report and Recommendations ; granting 8 Motion to Dismiss for Failure to State a Claim; granting 8 Motion for More Definite Statement; denying 11 Motion to Remand to State Court; denying 11 Motion for Default Judgment ; denying 11 Motion to Prove Authority to Represent ; denying 16 Motion to Strike; and denying 35 MOTION for Entry of Default and striking from the active docket of the court. Signed by District Judge Michael F. Urbanski on 9/28/15. (mka)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
RACHAEL-LINETTE COOK,
Plaintiff,
v.
UNISYS FEDERAL GOVERNMENT
GROUP, a Virginia division of UNISYS
CORPORATION, a Pennsylvania
Corporation; and employees, et al.
Defendants.

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Civil Action No. 7:14cv00579
By:

Michael F. Urbanski
United States District Judge

ORDER
For the reasons set forth in the accompanying Memorandum Opinion entered this day, the
court will ADOPT the report and recommendation (ECF No. 37) to the extent consistent with this
opinion. To be clear, the court adopts every recommendation made by the magistrate judge, except
for that portion of the report that recommends dismissal of Rachael-Linnette Cook’s Title VII,
ADA, ADEA, and Rehabilitation Act claims as not being timely filed. Notwithstanding this timing
issue, Cook’s complaint otherwise fails to state a claim and is dismissed in its entirety. Accordingly,
the court will GRANT Unisys’s motion to dismiss (ECF No. 8), DENY Cook’s motions to remand
to state court (ECF No. 11), DENY Cook’s motion for default judgment (ECF No. 11), DENY
Cook’s motion to prove authority to represent (ECF No. 11), DENY Cook’s motion to strike the
motion to dismiss (ECF No. 16), DENY Cook’s motion for a more definite statement (ECF

No. 16), and DENY Cook’s motion for entry of default (ECF No. 35). This matter is
STRICKEN from the active docket of the court.
Entered: September 28, 2015

/s/ Michael F. Urbanski
Michael F. Urbanski
United States District Judge

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