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DON FLETCHER, Plaintiff v. ADT SECURITY SERVICES, INC., Defendant.

ORDER

CLARENCE COOPER, United States District Judge

Pending before the Court is Defendant's Motion for Summary Judgment [29-1]. The Magistrate Judge has issued a report recommending that Defendant's motion be granted with respect to Plaintiff's federal claims and that Plaintiff's state law claim be dismissed without prejudice. The record reveals that Plaintiff has filed objections to the report and recommendation.

Plaintiff's Amended Objections to the Magistrate Judge's Report and Recommendation, filed almost a month after his initial objections were filed, are untimely, and Plaintiff has provided no reason why he failed to attach supporting exhibits to his initial objections. Furthermore, the Court's findings with respect to Plaintiff's initial objections apply equally with respect to his amended objections.

The Court finds that Plaintiff's objections to the Magistrate Judge's report and recommendation are without merit. Plaintiff devotes much of his argument to his failure to promote claim even though he concedes that this claim is time-barred. In addition, to the extent that Plaintiff is alleging that Defendant has engaged in a pattern or practice of intentional discrimination against black (or older) employees as a class, no such claim was made by Plaintiff in his complaint, and even if he had made such a claim, Plaintiff has wholly failed to establish a pattern and practice of intentional discrimination by Defendant.

In order to establish a pattern or practice of discrimination, Plaintiff must have "a combination of strong statistical evidence of disparate impact coupled with anecdotal evidence of the employer's intent to treat the protected class unequally." Equal Employment Opportunity Commission v. Joe's Stone Crab. Inc., 2000 WL 1089555, *19 (11th Cir.) (citation omitted).

Thus, after careful review, the Court finds that the Magistrate Judge's report is correct both in fact and in law, and hereby ADOPTS the Magistrate's recommendation as the judgment of this Court. Accordingly, Defendant's Motion for Summary Judgment [29-1] is GRANTED with respect to Plaintiff's federal claims brought pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq., 42 U.S.C. § 1981, and the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq., and his state law claim for intentional infliction of emotional distress is DISMISSED WITHOUT PREJUDICE.

JUDGMENT

This action having come before the court, Honorable Clarence Cooper, United States District Judge, for consideration of defendant's motion for summary judgment, and the court having granted said motion, it is

Ordered and Adjudged that the plaintiff take nothing; that the defendant recover its costs of this action, and the action be, and the same hereby, is dismissed.

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FLETCHER v. ADT SECURITY SERVICES, INC., (N.D.Ga. 2000)
(Sep 7, 2000)