Opinion
C. A. 20-1559(MN) (JLH)
03-18-2022
JUAN DOE, Plaintiffs, v. DELAWARE STATE UNIVERSITY, DELAWARE STATE UNIVERSITY BOARD OF TRUSTEES, and CANDY YOUNG, in her individual capacity, Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
Honorable Maryellen Noreika United States District Court Judge
At Wilmington, this 18th day of March 2022:
WHEREAS, on March 2, 2022, Magistrate Judge Hall issued a Report and Recommendation (“the Report”) (D.I. 49) in this action recommending that the Court grant-in-part and deny-in-part Defendants' Renewed Motion to Dismiss (D.I. 44); and
WHEREAS, no party filed objections to the Report pursuant to Rule 72(b)(2) of the Federal Rules of Civil Procedure in the prescribed period, and the Court finding no clear error on the face of the record.
THEREFORE, IT IS HEREBY ORDERED, that the Report and Recommendation (D.I. 49) is ADOPTED and Defendants' Renewed Motion to Dismiss (D.I. 44) is GRANTED-IN-PART and DENIED-IN-PART as follows:
1. The motion is DENIED with respect to Counts 1, 2, 3, and 6 and DENIED as to Defendant Young with respect to Count 5.
2. The motion is GRANTED with respect to Counts 4, 7, 8, and 9 and GRANTED as to Defendant Board of Trustees with respect to Count 5 and these claims are dismissed without prejudice.
IT IS FURTHER ORDERED that Plaintiff is given leave to file a further amended complaint on or before April 1, 2022.