Opinion
1:21-CV-0039-HAB-SLC
08-18-2022
GREG SOUTHALL, Plaintiff, v. AVI FOOD SYSTEMS, INC., Defendant.
OPINION AND ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
HOLLY A. BRADY, JUDGE UNITED STATES DISTRICT COURT
This matter is before the Court for an Order on the Magistrate Judge's Report and Recommendation (“R & R”) (ECF No. 46) wherein the Magistrate Judge recommends the Court GRANT the Defendant's Motion for Summary Judgment (ECF No. 38). Alternatively, the Magistrate Judge recommends that this case be DISMISSED sua sponte as a sanction against Plaintiff under Federal Rules of Civil Procedure 16(f) and 37(b)(2)(A)(v), and for failure to prosecute under Rule 41(b). The parties had fourteen days after being served with a copy of the R & R to file written objections thereto with the Clerk of Court. No objections to the R&R have been filed.
The undersigned has reviewed the Magistrate Judge's R & R and the conclusions therein relating to the Defendant's Motion for Summary Judgment. The Magistrate Judge properly concluded that Plaintiff's race discrimination claim under 42 U.S.C. §1981 is time-barred and that even if permitted to proceed, Plaintiff fails to show that his race was the “but-for cause” of his termination. The Court finds the above determination by the Magistrate Judge is thoughtfully discussed in the R & R and stands on a legally sound basis. The R & R is APPROVED AND ADOPTED. (ECF No. 46).
The Court further agrees that the Magistrate Judge's recommendation that the case be dismissed sua sponte as a sanction is also well-taken. However, because this is an alternative recommendation, the Court will uphold the R&R on the merits of the Plaintiff's case.
Defendant's Motion for Summary Judgment (ECF No. 38) is GRANTED. The Clerk is directed to enter judgment in favor of the Defendant.
SO ORDERED.