Filed: Feb. 26, 2019
Latest Update: Feb. 26, 2019
Summary: ORDER MARTIN REIDINGER , District Judge . THIS MATTER is before the Court on the Defendant's Motion to Dismiss Pursuant to 12(b)(1) [Doc. 7]; the Defendant's Motion to Dismiss Pursuant to 12(b)(6) [Doc. 15]; and the Magistrate Judge's Memorandum and Recommendation [Doc. 21] regarding the disposition of those motions. 1 Pursuant to 28 U.S.C. 636(b) and the standing Orders of Designation of this Court, the Honorable David S. Cayer, United States Magistrate Judge, was designated to consi
Summary: ORDER MARTIN REIDINGER , District Judge . THIS MATTER is before the Court on the Defendant's Motion to Dismiss Pursuant to 12(b)(1) [Doc. 7]; the Defendant's Motion to Dismiss Pursuant to 12(b)(6) [Doc. 15]; and the Magistrate Judge's Memorandum and Recommendation [Doc. 21] regarding the disposition of those motions. 1 Pursuant to 28 U.S.C. 636(b) and the standing Orders of Designation of this Court, the Honorable David S. Cayer, United States Magistrate Judge, was designated to consid..
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ORDER
MARTIN REIDINGER, District Judge.
THIS MATTER is before the Court on the Defendant's Motion to Dismiss Pursuant to 12(b)(1) [Doc. 7]; the Defendant's Motion to Dismiss Pursuant to 12(b)(6) [Doc. 15]; and the Magistrate Judge's Memorandum and Recommendation [Doc. 21] regarding the disposition of those motions.1
Pursuant to 28 U.S.C. § 636(b) and the standing Orders of Designation of this Court, the Honorable David S. Cayer, United States Magistrate Judge, was designated to consider the Defendant's motions and to submit a recommendation for their disposition.
On February 8, 2019, the Magistrate Judge filed a Memorandum and Recommendation in this case containing conclusions of law in support of a recommendation regarding the Defendant's motions. [Doc. 21]. The parties were advised that any objections to the Magistrate Judge's Memorandum and Recommendation were to be filed in writing within fourteen (14) days of service. The period within which to file objections has now expired, and no written objections to the Memorandum and Recommendation have been filed.
After a careful review of the Magistrate Judge's Recommendation, the Court finds that the proposed conclusions of law are consistent with current case law. Accordingly, the Court hereby accepts the Magistrate Judge's recommendation that the Defendant's motion to dismiss pursuant to Rule 12(b)(1) be granted and that the Defendant's motion to dismiss pursuant to Rule 12(b)(6) be denied.
IT IS, THEREFORE, ORDERED that the Memorandum and Recommendation [Doc. 21] is ACCEPTED.
IT IS FURTHER ORDERED that the Defendant's Motion to Dismiss Pursuant to 12(b)(1) [Doc. 7] is GRANTED, and the Plaintiff's retaliation claim as set forth in her Second Cause of Action is DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that the Defendant's Motion to Dismiss Pursuant to 12(b)(6) [Doc. 15] is DENIED.
IT IS SO ORDERED.
