Opinion
CIVIL 23-12302
03-29-2024
DERRICK HILLS Plaintiff, v. ATLAS OIL, SAM SIMON, and DAWN THOMSON Defendants.
OPINION AND ORDER ADOPTING MAGISTRATE JUDGE ALTMAN'S MARCH 6, 2024 REPORT & RECOMMENDATION (ECF NO. 16)
LINDA V. PARKER, U.S. DISTRICT JUDGE
Plaintiff commenced this pro se lawsuit against Defendants on September 7, 2020. On November 3, 2023, Defendants filed their partial motion to dismiss and for a more definite statement (ECF No. 13). The Court directed Plaintiff to respond to Defendants' motion by December 6, 2023. (ECF No. 14.) No response has been filed. The matter has been assigned to Magistrate Judge Altman for all pretrial proceedings, including a hearing and determination of all non-dispositive matters pursuant to 28 U.S.C. § 636(b)(1)(A) and/or a report and recommendation on all dispositive matters pursuant to 28 U.S.C. § 636(b)(1)(B).
On March 6, 2024, Magistrate Judge Altman issued a Report and Recommendation (“R&R”) recommending that the Court grant in part Defendants' partial motion to dismiss. (ECF No. 16.) She recommends dismissing Plaintiff's Title VII and ADEA claims against Defendants Simon and Thompson. (Id.) She further recommends denying Defendants' motion for a more definite statement. (Id.)
At the conclusion of her R&R, Magistrate Judge Altman advised the parties that they may object to and seek review of the R&R within fourteen (14) days of service upon them. She further specifically advises the parties that “[f]ailure to file specific objections constitutes a waiver of any further right to appeal.” (Id.) Neither party filed objections to the R&R.
The Court has carefully reviewed the R&R and concurs with the conclusions reached by Magistrate Judge Altman. The Court therefore adopts the R&R.
Accordingly, IT IS ORDERED that Defendants' partial motion to dismiss and for a more definite statement is GRANTED in part and DENIED in part; and it is further
ORDERED that Plaintiff's Title VII and ADEA claims are dismissed and Defendants Thomson and Simon are dismissed from this case; and it is further
ORDERED that Defendants' motion for a more definite statement is
DENIED; and it is further
ORDERED that Defendant Atlas Oil shall file an answer to Plaintiff's complaint within twenty-one (21) days of this Order .
I hereby certify that a copy of the foregoing document was mailed to counsel of record and/or pro se parties on this date, March 29, 2024, by electronic and/or U.S. First Class mail.