United States District Court, S.D. Indiana, Indianapolis Division
February 27, 2014
BYRON WALTON, Plaintiff,
PITT OHIO EXPRESS, Defendant.
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
SARAH EVANS BARKER, District Judge.
The Court, having reviewed the Magistrate Judge's Report and Recommendation filed at Docket No. 19 and observing that no party has objected to it within the time permitted under law, now adopts the Magistrate's Judge's Report and Recommendation as the ruling of the Court. Accordingly, the Court: (1) DENIES Defendant's motion to dismiss Plaintiff's § 1981 race discrimination claim; (2) GRANTS Defendant's motion to dismiss Plaintiff's ADEA age discrimination claim; and (3) GRANTS Defendant's motion to dismiss Plaintiff's state law claim for unpaid wages.
Plaintiff's remaining § 1981 race discrimination claim is set for trial to the Court on Monday, December 1, 2014, at 9:30 a.m. in Room 216 of the United States Courthouse and for final pretrial conference on Tuesday, November 18, 2014, at 2:00 p.m. in Room 216 of the United States Courthouse.
IT IS SO ORDERED.