Opinion
CIVIL ACTION NO: 07-03806, SECTION: "F" (4).
April 22, 2008
ORDER
The Court, having considered the complaint, the record, the applicable law, the Partial Report and Recommendation of the United States Magistrate Judge, and the failure of any party to file an objection to the Magistrate Judge's Partial Report and Recommendation, hereby approves the Partial Report and Recommendation of the United States Magistrate Judge and adopts it as its opinion in this matter.
Accordingly,
IT IS ORDERED that the Motion to Dismiss (R. Doc. 4) of the Defendant, Atrium at Lafreniere, LLC d/b/a Millennium Management ("Atrium") is GRANTED IN PART and DENIED IN PART. IT IS THEREFORE ORDERED that Atrium's Motion to Dismiss (R. Doc. 4) is DENIED as to the claims for sexual harassment under Title 42 U.S.C. § 2000e, et seq. ("Title VII") made by the Plaintiff, Hoang T. Le ("Le").
IT IS FURTHER ORDERED that Atrium's Motion to Dismiss (R. Doc. 4) is GRANTED in that Le's claims under 42 U.S.C. § 1981 and 42 U.S.C. § 1983 are DISMISSED WITH PREJUDICE for failure to state a claim upon which relief can be granted under Fed.R.Civ.P. 12(b)(6).
IT IS FURTHER ORDERED that Le's claims against the individual defendants, Clem Roux, Dan Brown, and Connie Kurtz are DISMISSED WITH PREJUDICE for failure to serve in accordance with Fed.R.Civ.P. 4(m) and for failure to state a claim upon which relief can be granted under Fed.R.Civ.P. 12(b)(6). Le has failed to show cause in response to the Court's Rule to Show Cause (R. Doc. 26) Order. IT IS FURTHER ORDERED that all claims not specifically dismissed shall proceed forward against Atrium, the remaining Defendant in this matter. Therefore, Le's Title VII claims remain.