Taite v. State of Alabama, Department of Personnel et al (MAG+)
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|Date Filed||#||Document Text|
|August 23, 2012
ORDER directing that, after an independent and de novo review of the record, it is ORDERED as follows: (1) The magistrate judge's 32 recommendation, to which no objections were filed, is adopted; (2) Plaintiff Brenda Taite's state-law cla ims are dismissed; (3) The motions to dismiss (Doc. Nos. 11 and 24 ) are denied to the following extent: (a) Plaintiff Taite is allowed, within 15 days, to amend her complaint to assert Title VII discrimination and retaliation claims (alleging fac ts in support of her claims) against either defendant Alabama Personnel Department or the other official-capacity defendants, but not against both; (b) Plaintiff Taite's § 1981/1983 individual capacity claim against defendant Alice Ann Byrn e (for allegedly interfering with her employment relationship with Dartmouth College) still remains pending and is referred back to the magistrate judge for further proceedings; (4) The motions to dismiss (Doc. Nos. 11 and 24) are granted to the foll owing extent: (a) Plaintiff Taite's Title VII claims against defendant Alabama Personnel Department and the official-capacity defendants are dismissed without prejudice; (b) All of plaintiff Taite's remaining claims and requests for relief are dismissed with prejudice. Signed by Honorable Judge Myron H. Thompson on 8/23/12. (scn, )
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