Yu v. The University of Houston at Victoria et al
| Chun-Sheng Yu |
| The University of Houston at Victoria and The University of Houston System |
| 4:2016cv03138 |
| October 24, 2016 |
| US District Court for the Southern District of Texas |
| Houston Office |
| Anderson |
| Melinda Harmon |
| Other Civil Rights |
| 29 U.S.C. ยง 621 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
45
ORDER granting 34 MOTION for Summary Judgment. This case is dismissed with prejudice. (Signed by Judge Andrew S Hanen) Parties notified.(rhawkins)
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Filing
32
ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 22 MOTION to Dismiss Plaintiff's Request for Punitive Damages, 31 Memorandum and Recommendations. The Memorandum and Recommendation is ADOPTED. Defendant's Motion is GRANTED.(Signed by Judge Melinda Harmon) Parties notified.(rhawkins)
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Filing
18
OPINION AND ORDER as to 6 MOTION to Dismiss Partial. The Court Orders (1) Defendants, as agencies, arms, and instrumentalities of the State of Texas are entitled to sovereign immunity under the Eleventh Amendment from Defendants' AD EA and ADEA retaliation claims, and under Kimel, 528 U.S. 62, because Congress lacked authority to abrogate immunity under the ADEA under the enforcement clause, section five of the Fourteenth Amendment, the ADEA claims (Complaint, #1. Counts 4 and 6 are dismissed under Rule 12(b)(1); (2) Although the Texas Legislature waived immunity for claims under the TCHRA in Texas state court, it did not waive immunity for them in federal courts, so the claims against both Defendants under that statute (Co mplaint, #1, Counts 2, 5 and 7) in this Court are barred by Eleventh Amendment immunity and are dismissed under Rule 12(b)(1); and (3) The Court cannot exercise supplemental jurisdiction over the TCHRA claims, depended from the federal question claims under Title VII, because the supplemental jurisdiction statute, 28, U.S.C. § 1367, does not abrogate Eleventh Amendment immunity. Plaintiffs Title VII claims shall remain pending.(Signed by Judge Melinda Harmon) Parties notified.(rhawkins)
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