Summary
denying motion to strike when "witnesses and documents had already been identified during discovery"
Summary of this case from Ojeda-Sanchez v. Bland Farms, LLCOpinion
No. 1:05-cv-982-GET.
September 12, 2006
ORDER
The above-styled matter is presently before the court on the Magistrate Judge's Final Report and Recommendation ("R R") [docket no. 112] granting defendants' motion for summary judgment [docket no. 87].
Plaintiff filed her amended complaint on July 29, 2005 asserting claims for racial discrimination against all defendants based on 42 U.S.C. § 1981 (Count I) ("§ 1981 claim"), racial discrimination against all defendants pursuant to 42 U.S.C. § 1983 to enforce her rights under section 1981 ("§ 1983/1981 claim") and the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution ("§ 1983/Equal Protection claim") (Count II) and racial discrimination/retaliation claims based on Title VII of the Civil Rights Act of 1964 ("Title VII"), as amended, 42 U.S.C. § 2000e, et seq. against defendants Fulton County and the Atlanta-Fulton Public Library System (Count III).
On October 17, 2005, the court granted defendants' motion for judgment on the pleadings as to Count I of plaintiff's amended complaint and denied the motion as to plaintiff's § 1983/§ 1981 claim in Count II of the Complaint. On May 25, 2006, defendants filed a motion for summary judgment as to all of plaintiff's remaining claims.
On August 15, 2006, the Magistrate Judge issued an R R granting defendants' motion for summary judgment. Pursuant to 28 U.S.C. § 636(b) (1), each party may file written objections, if any, to the R R within ten (10) days of the receipt of an order. If any party serves and files written objections, the district court is required to conduct a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. 28 U.S.C. § 636(b) (1) (C). No objections have been filed. Therefore, the court ADOPTS AS UNOPPOSED and incorporates herein as if fully set forth the Magistrate Judge's R R [docket no. 112] GRANTING defendants' motion for summary judgment [docket no. 87]. Defendants' motion for summary judgment [docket no. 87] is GRANTED on all of plaintiff's claims.