Summary
The United States District Court for the District of South Carolina adopted a magistrate judge’s report and recommendation in this employment-discrimination action. The court dismissed the plaintiff’s Title VII, ADA, and FMLA claims except for retaliation claims, struck his pending motions for judgment on the pleadings and summary judgment, and granted leave to amend the retaliation claims. The amended complaint was deemed filed, and the case was re-referred for further pretrial proceedings.
Holdings
- When a party does not make specific objections to a magistrate judge's Report and Recommendation, the district court reviews the Report for clear error rather than conducting de novo review.
- The claims under Title VII, the ADA, and the FMLA were dismissed for failure to state a claim, except for the retaliation claims.
- Defendants' motion for a more definite statement was granted as to the retaliation claims.
- The motion to strike was granted in part, and plaintiff's motions for judgment on the pleadings and summary judgment were stricken from the docket.
- Plaintiff's motion to amend was granted as to the retaliation claims, and the proposed Amended Complaint was deemed filed.
Questions Presented
- Whether the district court should review the magistrate judge's Report and Recommendation for clear error because plaintiff failed to file specific objections.
- Whether plaintiff's Title VII, ADA, and FMLA claims, other than retaliation claims, should be dismissed for failure to state a claim.
- Whether plaintiff's retaliation claims required a more definite statement.
- Whether plaintiff's pending motions for judgment on the pleadings and summary judgment should be stricken.
- Whether plaintiff should be permitted to amend the complaint as to the retaliation claims.
Disposition
other
Cases Cited (10)
- Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975)(followed)
- Mathews v. Weber, 423 U.S. 261 (1976)(followed)
- Diamond v. Colonial Life & Accident Insurance Co., 416 F.3d 310, 315 (4th Cir. 2005)(followed)
- Edwards v. City of Goldsboro, 178 F.3d 231, 244 (4th Cir. 1999)(followed)
- Giarratano v. Johnson, 521 F.3d 298, 302 (4th Cir. 2008)(followed)
- Eastern Shore Markets, Inc. v. J.D. Associates Ltd. Partnership, 213 F.3d 175, 180 (4th Cir. 2000)(followed)
- Philips v. Pitt County Memorial Hospital, 572 F.3d 176, 180 (4th Cir. 2009)(followed)
- Mylan Laboratories, Inc. v. Markari, 7 F.3d 1130, 1134 (4th Cir. 1993)(followed)
- Hodgson v. Virginia Baptist Hospital, 482 F.2d 821, 822-23 (4th Cir. 1973)(followed)
- Frederick v. Koziol, 727 F. Supp. 1019, 1021 (E.D. Va. 1990)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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