Stewart v. Argos Ready Mix, LLC et al
Filing
40
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,
)
)
)
)
)
)
)
)
)
)
Plaintiff,
v.
ARGOS READY MIX, LLC,
et al.,
Defendants.
CIVIL ACTION NO.
3:16cv356-MHT
(WO)
OPINION
Plaintiff
asserting
Charles
federal
W.
claims
Stewart
under
filed
the
this
lawsuit
Americans
with
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
States
Magistrate
Judge
that
defendants’
motion
to
strike
should
denied
and
defendants’
motion
to
be
dismiss should be granted in part and denied in part.
Also
before
the
court
are
defendant
Ronnee
J.
Pedersen’s objections to the recommendation. After an
independent and de novo review of the record, the court
concludes
overruled
adopted.
that
and
the
Pedersen’s
magistrate
objections
judge’s
should
be
recommendation
*
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
recommendation
errs
because
Stewart
failed
to
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
dismiss.
Accordingly, the argument was not properly
raised, and will not be considered at this time.
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