Smith v. Christiana Care Health Services, Inc.

1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
SHIAN SMITH,
Plaintiff,
v.
CHRISTIANA CARE HEALTH
SERVICES, INC.,
Defendant.
)
)
)
)
)
)
)
)
)
)
C.A. No. 24-1416 (MN)
ORDER
At Wilmington, this 18th day of February 2026;
WHEREAS, on January 5, 2026, Magistrate Judge Tennyson issued a Report and
Recommendation (“the Report”) (D.I. 14), recommending the Court grant Defendant’s Partial
Motion to Dismiss (D.I. 8);
WHEREAS, on January 20, 2026, Plaintiff filed objections to the Report (D.I. 15);
WHEREAS, in the objections, Plaintiff acknowledges that she has raised new arguments
before this Court that were not raised before the Magistrate Judge (D.I. 15 at 10-11);
WHEREAS, the Court believes that the new arguments should be presented to the
Magistrate Judge before the Court addresses them;
WHEREAS, in the objections, Plaintiff incorrectly suggests that the Report foreclosed her
ability to seek leave to amend her complaint (D.I. 15 at 9), when it simply noted that Plaintiff had
failed to follow the correct procedure to seek such leave and thus “the request for leave to amend
is not adequately before the Court” (D.I. 14 at 15); and
WHEREAS, Plaintiff has stated that she “will separately file a motion to amend her
Complaint with a proposed Amended Complaint” but has not yet done so.
Case 1:24-cv-01416-MN Document 17 Filed 02/18/26 Page 1 of 2 PageID #:
<pageID>

2
THEREFORE, IT IS HEREBY ORDERED that:
1. 	Plaintiff’s Objections to Report and Recommendation (D.I. 15) are OVERRULED.
2. 	The Report and Recommendation (D.I. 14) is ADOPTED.
3. 	Defendant’s Motion to Partially Dismiss Plaintiff’s Complaint Pursuant to Federal
Rules of Civil Procedure 12(b)(6) is GRANTED and Counts I-VI and VIII-XI of the Complaint
are DISMISSED.
4. 	Neither the Report nor this Order preclude Plaintiff from seeking leave to file an
Amended Complaint. 	If Plaintiffs wishes to amend her Complaint to address the deficiencies
identified by the Report, she may do so using this Court’s procedures. Failure of Plaintiff to seek
to amend within thirty (30) days of the date of this Order will result in this case proceeding on
Count VII of the Complaint.
The Honorable Maryellen Noreika
United States District Judge
Case 1:24-cv-01416-MN Document 17 Filed 02/18/26 Page 2 of 2 PageID #:
<pageID>