Lee v. Potter et al, No. 3:2008cv00344 - Document 17 (S.D. Ohio 2009)

Court Description: DECISION AND ENTRY ADOPTING IN FULL THE REPORT AND RECOMMENDATIONS FILED ON JUNE 22, 2009 (Doc. 16 ) AS FOLLOWS: 1. GRANTING IN ITS ENTIRETY DEFENDANT NATIONAL ASSOCIATION OF LETTERCARRIERS, ALF-CIO AND NATIONAL ASSOCIATION OF LETTER CARRIERS BRANCH 45's MOTION TO DISMISS (Doc. 5 ); 2. DENYING IN PART WITHOUT PREJUDICE DEFENDANTS JOHN E. POTTER AND UNITED STATES POSTAL SERVICE'S MOTION TO DISMISS (Doc. 10 ) AS TO COUNT FOUR OF THE COMPLAINT CLAIMING RACE DISCRIMINATION AGAINST BOTH SAID DEFENDANTS UNDER TITLE VII, AND GRANTING THESE DEFENDANTS' MOTION TO DISMISS (Doc. 10 ) IN ALL OTHER RESPECTS; 3. DISMISSING PLAINTIFF'S COMPLAINT (Doc. 2 ) WITH PREJUDICE AND TERMINATING THIS CASE AGAINST DEFENDANTS NATIONAL ASSOCIA TION OF LETTER CARRIERS, ALF-CIO AND NATIONAL ASSOCIATION OF LETTER CARRIERS BRANCH 45; AND 4. DISMISSING IN PART PLAINTIFF'S COMPLAINT (Doc. 2 ) WITH PREJUDICE AGAINST DEFENDANTS JOHN E. POTTER AND UNITED STATES POSTAL SERVICE EXCEPT AS TO COU NT FOUR OF THE COMPLAINT CLAIMING RACE DISCRIMINATION AGAINST BOTH SAID DEFENDANTS UNDER TITLE VII, AS TO WHICH CLAIM THIS MATTER SHALL PROCEED UNDER THE COURT'S PRIOR SCHEDULING ORDER (Doc. 12 ). The Court has conducted a de novo review of th e Report and Recommendations of United States Magistrate Judge Sharon L. Ovington (Doc. 16 ), to whom this case was originally referred pursuant to 28 U.S.C. §636(b), and noting that no objections have been filed thereto and that the time for f iling such objections under Fed. R. Civ. P. 72(b) has expired, hereby ADOPTS in full said Report and Recommendations. It is therefore ORDERED that the Report and Recommendations filed on June 22, 2009 (Doc. 16 ) is ADOPTED in full as set forth above. Signed by Judge Walter H Rice on 7/14/2009. (jdf1)