Opinion
Case Nos. 3:10-cv-33.
October 15, 2010
This case is before the Court pursuant to the Order of General Reference in the United States District Court for the Southern District of Ohio Western Division to United States Magistrate Judge Michael R. Merz. Pursuant to such reference, the Magistrate Judge reviewed the pleadings filed with this Court and, on September 22, 2010, submitted a Report and Recommendations. (Doc. 23). Neither party filed objections to the Report and Recommendations.
In addition to the Report and Recommendations, Magistrate Judge Merz also issued a dismissal order as to Plaintiff's first claim (federal civil rights violation by gender and age discrimination), because Plaintiff moved for dismissal pursuant to Fed.R.Civ.P. 41(a). A motion for voluntary dismissal is not dispositive and thus was properly decided by Magistrate Judge Merz.
As required by 29 U.S.C. § 636(b) and Fed.R.Civ.P. 72(b), the Court has reviewed the comprehensive findings of the Magistrate Judge and considered de novo all of the filings in this matter. Upon consideration of the foregoing, the Court does determine that such Report and Recommendations should be and is hereby adopted.
Accordingly, the Report and Recommendations (Doc. 23) is ADOPTED in full:
1. Plaintiff's third claim for relief (wrongful termination) is DISMISSED with prejudice;
2. Plaintiff's fifth claim for relief (violation of Ohio whistleblower statute 4113.52) is DISMISSED without prejudice;
3. Plaintiff's sixth claim for relief (sexual harassment) survives and remains pending; and
4. Therefore, Defendant's motion for partial judgment on the pleadings (Doc. 11) is GRANTED in part and DENIED in part.
IT IS SO ORDERED.
Date: 10/15/10