Stewart v. Argos Ready Mix, LLC et al
OPINION. An appropriate judgment will be entered. Signed by Honorable Judge Myron H. Thompson on 12/14/2016. (dmn, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION
CHARLES W. STEWART,
ARGOS READY MIX, LLC,
CIVIL ACTION NO.
Disabilities Act, 42 U.S.C. § 12101, et seq., and the
Family Medical Leave Act, 29 U.S.C. § 2601, et seq., as
well as claims under state law.
This lawsuit is now
before the court on the recommendation of the United
dismiss should be granted in part and denied in part.
Pedersen’s objections to the recommendation. After an
independent and de novo review of the record, the court
An appropriate judgment will be entered.
DONE, this the 14th day of December, 2016.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
In the objection, Pedersen argues that the
sufficiently plead facts concerning ‘the benefit’
Pedersen obtained as a consequence of her alleged
misrepresentations to Stewart.
However, Pedersen did
not raise the insufficiency of Stewart’s complaint
regarding this element in the motion to dismiss or in
the reply to Stewart’s opposition to the motion to
Accordingly, the argument was not properly
raised, and will not be considered at this time.
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