Odell, Jr. v. Kalitta Air, LLC ( 2023 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION ROBERT W. ODELL JR. et al., Plaintiffs, Case No. 1:22-cv-12290 v. Honorable Thomas L. Ludington United States District Judge KALITTA AIR, LLC and CONRAD (“CONNIE”) KALITTA, Honorable Patricia T. Morris United States Magistrate Judge Defendants. ________________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION, GRANTING IN PART DEFENDANT’S MOTION TO DISMISS, AND AMENDING CASE CAPTION A group of employees have sued Kalitta Air and the sole owner and CEO Conrad Kalitta, alleging their vaccine mandate violated the ADA and Title VII. ECF No. 1. Defendant Conrad Kalitta filed a motion to dismiss. ECF No. 17. On March 6, 2023, Magistrate Judge Patricia T. Morris issued a report recommending a partial grant of the motion to dismiss such that all the individual-capacity claims, but not the official-capacity claims, be dismissed against Conrad Kalitta. ECF No. 35. Judge Morris provided 14 days to object, but the parties did not file any objections. They have therefore forfeited their right to appeal Judge Morris’s findings. See Berkshire v. Dahl, 928 F.3d 520, 530–31 (6th Cir. 2019) (citing Thomas v. Arn, 474 U.S. 140, 149 (1985)). There is no clear error in the report. Accordingly, it is ORDERED that Judge Morris’s Report and Recommendation, ECF No. 35, is ADOPTED. Further, it is ORDERED that Defendant’s Motion to Dismiss, ECF No. 17, is GRANTED IN PART and DENIED IN PART. It is GRANTED to the extent that is seeks dismissal of the individual-capacity claims against Defendant Conrad Kalitta and DENIED to the extent that it seeks dismissal of the official-capacity claims against Defendant Conrad Kalitta. Further, it is ORDERED that the Clerk of the Court is DIRECTED to dismiss “Conrad (“Connie”) Kalitta” as a defendant in this case and to add “Conrad (“Connie”) Kalitta, in only his official capacity.” This is not a final order and does not close the above-captioned case. Dated: March 21, 2023 s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge