Spellen v. University of Alabama at Birmingham (UAB), No. 2:2008cv01331 - Document 37 (N.D. Ala. 2012)

Court Description: MEMORANDUM OPINION AND ORDER re REPORT AND RECOMMENDATION re 18 MOTION for Summary Judgment filed by Board of Trustees of The University of Alabama. Motions terminated: 18 MOTION for Summary Judgment filed by Board of Trustees of The University of Alabama and 32 REPORT AND RECOMMENDATION re 18 MOTION for Summary Judgment filed by Board of Trustees of The University of Alabama. Signed by Judge Virginia Emerson Hopkins on 5/16/12. (SAC )

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FILED 2012 May-16 AM 11:56 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION SIMONE A. SPELLEN, Plaintiff vs. UNIVERSITY OF ALABAMA AT BIRMINGHAM (UAB), Defendant ) ) ) ) ) ) ) ) ) ) Case No. 2:08-CV-1331-VEH MEMORANDUM OPINION AND ORDER On March 16, 2012, the magistrate judge s report and recommendation was entered and the parties were allowed therein fourteen (14) days in which to file objections to the recommendations made by the magistrate judge. The parties were granted an extension to April 27, 2012, to file objections. On April 26, 2012, defendant filed objections to the report and recommendation. After careful consideration of the record in this case, the magistrate judge s report and recommendation and the objections thereto, the court hereby ADOPTS the report of the magistrate judge. The court further ACCEPTS the recommendations of the magistrate judge, and it is, therefore, Page 1 of 2 ORDERED, ADJUDGED, and DECREED that defendant s motion for summary judgment as to plaintiff s claim of pregnancy discrimination is due to be and hereby is DENIED because genuine disputes of material facts exist, making judgment inappropriate. It is further ORDERED, ADJUDGED, and DECREED that defendant s motion for summary judgment is due to be and hereby is GRANTED as to plaintiff s claim of religious discrimination, and such claim is hereby DISMISSED WITH PREJUDICE. The Clerk is DIRECTED to REASSIGN this action to the undersigned for all further proceedings. DONE this the 16th day of May, 2012. VIRGINIA EMERSON HOPKINS United States District Judge Page 2 of 2

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