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finding that a plaintiff's claims against individual supervisors failed where the plaintiff also named the company that employed the plaintiff as a defendant
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Civil Action No. 4:18-CV-511
07-05-2019
MANOJ C. MADATHIL v. ACCENTURE LLP, ET AL.
(Judge Mazzant/Judge Nowak) MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Came on for consideration the report of the United States Magistrate Judge in this action, this matter having been heretofore referred to the Magistrate Judge pursuant to 28 U.S.C. § 636. On May 29, 2019, the report of the Magistrate Judge (Dkt. #87) was entered containing proposed findings of fact and recommendations that Defendants Accenture LLP, Greg Leja, Toni Corban, and Anil Varughese's Motion for Summary Judgment (Dkt. #51) be granted.
In the Magistrate Judge's Report, the Magistrate Judge cited to Davis v. Fort Bend County, 893 F.3d 300, 304-05 (5th Cir. 2018) for the proposition that "a Title VII plaintiff's failure to exhaust [his] administrative remedies is not a jurisdictional bar but rather a prudential prerequisite to suit" (Dkt. #87 at p. 16). At the time of the Magistrate Judge's Report, the Supreme Court had granted certiorari in Davis, but had not yet issued a decision. The Court notes that a decision has since been issued affirming the Fifth Circuit's opinion. Fort Bend County, Texas v. Davis, 139 S. Ct. 1843, 1846 (2019) ("We hold that Title VII's charge-filing instruction is not jurisdictional. . . .Prerequisites to suit like Title VII's charge-filing instruction are. . . properly ranked among the array of claim-processing rules that must be timely raised to come into play."). --------
Having received the report of the Magistrate Judge, and no objections thereto having been timely filed, the Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct and adopts the Magistrate Judge's report as the findings and conclusions of the Court.
It is, therefore, ORDERED that Defendants Accenture LLP, Greg Leja, Toni Corban, and Anil Varughese's Motion for Summary Judgment (Dkt. #51) is GRANTED and each of Plaintiff's claims against each Defendant are DISMISSED WITH PREJUDICE.
IT IS SO ORDERED.
SIGNED this 5th day of July, 2019.
/s/_________
AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE