Opinion
Civil Action 4:22-cv-0567
11-15-2022
JOE GAGGOS JR., Plaintiff, v. WALMART DISTRIBUTION CENTER 7036 Defendants.
ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUM AND RECOMMENDATION
SIM LAKE SENIOR UNITED STATES DISTRICT JUDGE
Having reviewed the Magistrate Judge's Memorandum and Recommendation dated October 27, 2022 (ECF 21) and no objections having been filed thereto, the Court is of the opinion that said Memorandum and Recommendation should be adopted by this Court.
It is, therefore, ORDERED that the Magistrate Judge's Memorandum and Recommendation is hereby ADOPTED by this Court.
It is FURTHER ORDERED that the Defendant's Motion to Dismiss (ECF 11) is GRANTED in part and that Plaintiffs Complaint is dismissed without prejudice for failure to exhaust administrative remedies as to any Title VII claim.
It is FURTHER ORDERED that the Defendant's Motion to Dismiss (ECF 11) is DENIED in part and Defendant's alternative Motion for a More Definite Statement (ECF 11) is GRANTED as to any claim of discrimination or retaliation under the ADEA or ADA, and that Plaintiff is ORDERED to file an Amended Complaint within 21 days of this Order.
It is FURTHER ORDERED that the Plaintiff s Response to the Motion to Dismiss (ECF 15) insofar as it constitutes a Motion for Summary Judgment is DENIED as Moot.