Russell v. Secretary of the Air Force, No. 3:2019cv00353 - Document 26 (S.D. Ohio 2021)

Court Description: DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC # 18 ) AND SUSTAINING IN PART AND OVERRULING IN PART DEFENDANT'S PARTIAL MOTION TO DISMISS (DOC. # 12 ) AND OVERRULING PLAINTIFF'S MOTION TO EXTEND TIME AS MOOT (DOC. # 7 ). Signed by Judge Walter H. Rice on 3/31/2021. (srb)

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Russell v. Secretary of the Air Force Doc. 26 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION STEPHANIE RUSSELL, : Plaintiff, v. : JUDGE WALTER H. RICE SECRETARY OF THE AIR FORCE, Defendant. Case No. 3:19-cv-353 : DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE’S REPORT AND RECOMMENDATIONS (DOC #18) AND SUSTAINING IN PART AND OVERRULING IN PART DEFENDANT’S PARTIAL MOTION TO DISMISS (DOC. #12) AND OVERRULING PLAINTIFF’S MOTION TO EXTEND TIME AS MOOT (DOC. #7) Based on the reasoning and citations of authority set forth by United States Magistrate Judge Sharon L. Ovington in her Report and Recommendations, as well as upon a thorough de novo review of this Court’s file and the applicable law, the Court adopts said judicial filing, Doc. #18. Although the parties were notified of their right to file objections to the Report and Recommendations, and of the consequences of failing to do so, no objections were filed within the time allotted. The Court sustains Defendant’s Partial Motion to Dismiss, Doc. #12, dismissing Plaintiff’s Title VII claim based on the alleged racially discriminatory verbal counseling that occurred before or after November 2014 and overruling the Dockets.Justia.com the remainder of said motion. Plaintiff’s Motion to Extend Time, Doc. #14, is overruled as moot. (tp - per Judge Rice authorization after his review) Date: March 31, 2021 WALTER H. RICE UNITED STATES DISTRICT JUDGE 2

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