Opinion
CIVIL ACTION NO. 3:18-CV-00233
07-05-2019
RACHEL WILLARD Plaintiff. v. FRIENDSWOOD ISD Defendant.
ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUM AND RECOMMENDATION
Pending before the Court are Defendant's Objections to Magistrate Judge's Memorandum and Recommendation ("Objections"). Dkt. 27. On May 3, 2019, Defendant's Motion to Dismiss Pursuant to Rule 12(b)(6) (Dkt. 12) was referred to Magistrate Judge Andrew M. Edison pursuant to 28 U.S.C. § 636(b)(1)(B). See Dkt. 23. On June 11, 2019, Judge Edison filed a Memorandum and Recommendation (Dkt. 26) recommending that Defendant's Motion to Dismiss Pursuant to Rule 12(b)(6) (Dkt. 12) be GRANTED in part and DENIED in part.
On June 13, 2019, Defendant filed its Objections. In accordance with 28 U.S.C. § 636(b)(1)(C), this Court is required to "make a de novo determination of those portions of the [magistrate judge's] report or specified proposed findings or recommendations to which objection [has been] made." After conducting this de novo review, the Court may "accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." Id.; see also FED. R. CIV. P. 72(b)(3).
The Court has carefully considered the Objections; the Memorandum and Recommendation; the pleadings; and the record. The Court ACCEPTS Judge Edison's Memorandum and Recommendation and ADOPTS it as the opinion of the Court. It is therefore ORDERED that:
(1) Judge Edison's Memorandum and Recommendation (Dkt. 26) be APPROVED AND ADOPTED in its entirety as the holding of the Court; and
(2) Defendant's Motion to Dismiss Pursuant to Rule 12(b)(6) (Dkt. 12) be GRANTED in part and DENIED in part. More specifically, (1) Willard's retaliation claim against Friendswood ISD be dismissed; and (2) Willard's discrimination claim against Friendswood ISD remain.
It is so ORDERED.
SIGNED at Galveston, Texas, this 5th day of July, 2019.
/s/_________
George C. Hanks Jr.
United States District Judge