DAWLING v. SHAMROCK ENVIRONMENTAL CORPORATION

Justia Dockets & Filings Fourth Circuit North Carolina Middle District DAWLING v. SHAMROCK ENVIRONMENTAL CORPORATION

DAWLING v. SHAMROCK ENVIRONMENTAL CORPORATION

Plaintiff:	SCOTT M. DAWLING
Defendant:	SHAMROCK ENVIRONMENTAL CORPORATION
Case Number:	1:2012cv00198
Filed:	February 28, 2012
Court:	US District Court for the Middle District of North Carolina
Office:	NCMD Office
County:	Guilford
Presiding Judge:	UNASSIGNED
Presiding Judge:	L. PATRICK AULD
Nature of Suit:	Employment
Cause of Action:	42 U.S.C. § 2000
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
August 21, 2012	Filing 19 ORDER signed by JUDGE CATHERINE C. EAGLES on 8/21/2012 adopting the Magistrate Judge's Recommendation (doc. # 15 ); that Defendant's Motion to Dismiss or, Alternatively, for Summary Judgment (Doc. 10 ) is GRANTED IN PART and DENI ED IN PART. The Court dismisses for lack of subject matter jurisdiction any race- or age- based discriminatory discharge claim. The Defendant's Motion is otherwise denied, and the Plaintiff's claims that Defendant engaged in race and ag e discrimination by transferring him from tank technician to a job with significantly different responsibilities are not dismissed and remain pending, without prejudice to a Motion for Summary Judgment after an appropriate time for discovery. (Lloyd, Donna)
June 25, 2012	Filing 15 MEMORANDUM OPINION, ORDER, AND RECOMMENDATION - MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 06/25/2012. IT IS THEREFORE RECOMMENDED that Defendant's Motion to Dismiss or, Alternatively, for Summary Judgment (Docket Entry 10 ) be granted in part and denied in part, in that the Court should dismiss for lack of subject matter jurisdiction any race- or age-based discriminatory discharge claim, but should neither dismiss nor enter summary judgment on Plaintiff's claims th at Defendant engaged in race and age discrimination by transferring him from tank technician to a job with significantly different responsibilities. IT IS ORDERED that, upon Defendant's filing of an Answer pursuant to Federal Rule of Civil Pro cedure 12(a)(4)(A), the Clerk promptly shall set this case for an Initial Pretrial Conference. IT IS FURTHER ORDERED that, to assist Plaintiff in meeting his obligation to prosecute this case, the Clerk shall send Plaintiff a copy of this Court's Local Rules of Civil Procedure and of Federal Rules of Civil Procedure 5, 6, 7, 8, 10, 11, 12, 15, 16, 26, 28, 29, 30, 31, 33, 34, 35, 36, 37, 41, 45, 56, and 72, as well as Forms 1, 2, 50, and 51.(Taylor, Abby)

Date Filed

Document Text

August 21, 2012

Filing 19 ORDER signed by JUDGE CATHERINE C. EAGLES on 8/21/2012 adopting the Magistrate Judge's Recommendation (doc. # 15 ); that Defendant's Motion to Dismiss or, Alternatively, for Summary Judgment (Doc. 10 ) is GRANTED IN PART and DENI ED IN PART. The Court dismisses for lack of subject matter jurisdiction any race- or age- based discriminatory discharge claim. The Defendant's Motion is otherwise denied, and the Plaintiff's claims that Defendant engaged in race and ag e discrimination by transferring him from tank technician to a job with significantly different responsibilities are not dismissed and remain pending, without prejudice to a Motion for Summary Judgment after an appropriate time for discovery. (Lloyd, Donna)

June 25, 2012

Filing 15 MEMORANDUM OPINION, ORDER, AND RECOMMENDATION - MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 06/25/2012. IT IS THEREFORE RECOMMENDED that Defendant's Motion to Dismiss or, Alternatively, for Summary Judgment (Docket Entry 10 ) be granted in part and denied in part, in that the Court should dismiss for lack of subject matter jurisdiction any race- or age-based discriminatory discharge claim, but should neither dismiss nor enter summary judgment on Plaintiff's claims th at Defendant engaged in race and age discrimination by transferring him from tank technician to a job with significantly different responsibilities. IT IS ORDERED that, upon Defendant's filing of an Answer pursuant to Federal Rule of Civil Pro cedure 12(a)(4)(A), the Clerk promptly shall set this case for an Initial Pretrial Conference. IT IS FURTHER ORDERED that, to assist Plaintiff in meeting his obligation to prosecute this case, the Clerk shall send Plaintiff a copy of this Court's Local Rules of Civil Procedure and of Federal Rules of Civil Procedure 5, 6, 7, 8, 10, 11, 12, 15, 16, 26, 28, 29, 30, 31, 33, 34, 35, 36, 37, 41, 45, 56, and 72, as well as Forms 1, 2, 50, and 51.(Taylor, Abby)

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