McDowell v. Massey Auto(MAG2), No. 2:2016cv00003 - Document 37 (M.D. Ala. 2017)

Court Description: OPINION AND ORDER that: (1) The United States Magistrate Judge's 36 Recommendation is adopted. (2) Defendant's 23 Motion for Summary Judgment is denied. (3) Plaintiff's 26 Motion for Summary Judgment is denied. Signed by Honorable Judge Myron H. Thompson on 6/16/2017. (dmn, )
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McDowell v. Massey Auto(MAG2) Doc. 37 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION JAMES McDOWELL, ) ) ) ) ) ) ) ) ) Plaintiff, v. MASSEY AUTO, Defendant. CIVIL ACTION NO. 2:16cv03-MHT (WO) OPINION AND ORDER Plaintiff filed this lawsuit claiming that defendant unlawfully discriminated against him because of his age in violation of the Age Discrimination in Employment of 1967, 28 U.S.C. § 621634(b), et seq., and the Alabama Age Discrimination Act, Ala. Code § 25-129, et seq. This Both parties moved for summary judgment. lawsuit is now before the court on the recommendation of the United States Magistrate Judge that both motions for summary judgment be There are no objections to the recommendation. denied. After an independent and de novo review of the record, the court concludes that the magistrate judge’s recommendation should be adopted. *** Accordingly, it is ORDERED that: (1) The United States Magistrate Judge’s recommendation (doc. no. 36) is adopted. (2) Defendant's motion for summary judgment (doc. no. 23) is denied. (3) Plaintiff’s motion for summary judgment (doc. no. 26) is denied. DONE, this the 16th day of June, 2017. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE