McDonald v. Board of Trustees, University of South Alabama et al

1
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
TYWANDA MCDONALD, )
Plaintiff, )
)
v. )
) CIVIL ACTION NO. 1:24-00413-KD-N
BOARD OF TRUSTEES, UNIV. OF )
SOUTH ALABAMA, )
CHARLES SMITH, )
Defendants. )
ORDER
After due and proper consideration of all portions of this file deemed relevant to 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(a)-(b), Federal Rule of Civil Procedure 72 and S.D. Ala. GenLR
72(a) and dated April 23, 2025, (Doc. 10), is ADOPTED as the opinion of this Court. Accordingly,
it is ORDERED that Defendants’ motion to dismiss, (Doc. 3), is GRANTED in part and
DENIED in part as follows:
• GRANTED as to Count One against USA Board of Trustees under Fed. R. Civ. P.
12(b)(1).
• GRANTED as to Count Two against Charles Smith for claims under Title VII pursuant to
Fed. R. Civ. P. 12(b)(6).
• Otherwise DENIED.
DONE and ORDERED this the 19th day of May 2025.
/s/ Kristi K. DuBose
Kristi K. DuBose
UNITED STATES DISTRICT JUDGE
Case 1:24-cv-00413-KD-N Doc# 11 Filed 05/19/25 Page 1 of 1 PageID#
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