Opinion
Civil Action No. 3:10-cv-191-O
03-19-2012
BRUTON STEPHENS, SR., Plaintiff, v. CITY OF DALLAS, Defendant.
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF
THE UNITED STATES MAGISTRATE JUDGE
The United States Magistrate Judge made findings, conclusions, and a recommendation in this case. Defendant filed objections, but has challenged only the Magistrate Judge's decision to decline addressing Plaintiff's Texas Whistleblower Act ("TWA") claim on summary judgment. The District Court reviewed the remainder of the proposed findings and recommendation for plain error. Finding none, the Court ACCEPTS the Findings, Conclusions and Recommendation of the United States Magistrate Judge, except with regard to Plaintiff's TWA claim. As for Defendant's objection to the Magistrate Judge's handling of Plaintiff's TWA claim, the Court will defer ruling on this matter until after the deadlines for Plaintiff's response and Defendant's reply have expired.
Accordingly, it is ORDERED that Defendant's Motion for Final Summary Judgment (ECF No. 32) is GRANTED IN PART and DENIED IN PART. Specifically, Defendant is GRANTED summary judgment as to: (1) Plaintiff's Title VII race discrimination claim and (2) Plaintiff's Title VII retaliation claims based on the temporary assignment to retrieve flashers and sandbags and the failure of Defendant to rehire Plaintiff after the reduction in force. Defendant's motion for summary judgment is otherwise DENIED.
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O'Connor
UNITED STATES DISTRICT JUDGE