Baugh et al v. Austal USA, LLC et al

1
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
PAUL DAVID BAUGH, JR., et al., 	*
Plaintiffs, 	*
*
vs. 	* 	CIVIL ACTION: 1:22-00329-KD-C
*
AUSTAL USA, LLC, 	*
Defendant. 	*
ORDER
After due and proper consideration of the issues raised, and there having been no objections
filed, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. §
636(b)(l)(B) and dated July 21, 2023 (Doc. 57) is ADOPTED as the opinion of this Court. As
such, it is ORDERED that the Defendant’s Motion to Dismiss Counts III-VI of Plaintiffs’ First
Amended Complaint (Doc. 50) is GRANTED in part and DENIED in part as follows:
1. 	Defendant’s motion to dismiss Plaintiffs’ Title VII claims for disparate treatment
religious discrimination (Count III), hostile work environment (Count IV), and harassment on
religious grounds (Count V) is GRANTED because Plaintiffs failed to exhaust their administrative
remedies with respect to those claims.
2. 	Defendant’s motion to dismiss Plaintiffs’ claim for invasion of privacy by wrongful
intrusion upon their solitude or seclusion in violation of Alabama state law (Count VI) is DENIED
because Plaintiffs stated a facially plausible claim for relief with respect to that claim.
DONE and ORDERED this the 9th day of August 2023.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE
Case 1:22-cv-00329-KD-C Doc# 58 Filed 08/09/23 Page 1 of 1 PageID#
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