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,

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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.