Stewart v. Argos Ready Mix, LLC et al

Filing 41

JUDGMENT: It is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Defendant Ronnee J. Pedersen's 39 Objections are overruled. (2) The United States Magistrate Judge's 38 Recommendation is adopted. (3) Defendants' 15 Mo tion to Strike is denied. (4) Defendants' 16 Motion to Dismiss is granted only to the extent that: plaintiff Charles W. Stewart's claims against defendant Pedersen under the Americans with Disabilities Act (ADA), 42 U.S.C. 12101, et seq., and the Family and Medical Leave Act, 29 U.S.C. 2601, et seq., (counts one and three) are dismissed; and plaintiff Stewarts ADA failure-to-accommodate claim and fraudulent-deceit claim (counts two and five) are dismissed as to all defendants. The mo tion to dismiss is denied in all other respects. No defendant is terminated. This case is not closed, and this matter be referred back to the magistrate judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 12/14/2016. (Attachments: # 1 Civil Appeals Checklist)(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.

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CIVIL ACTION NO.
3:16cv356-MHT
(WO)

JUDGMENT
In accordance with the memorandum opinion entered
today, it is the ORDER, JUDGMENT, and DECREE of the
court as follows:
(1) Defendant Ronnee J. Pedersen's objections (doc.
no. 39) are overruled.
(2) The

United

States

Magistrate

Judge's

recommendation (doc. no. 38) is adopted.
(3) Defendants' motion to strike (doc. no. 15) is
denied.
(4) Defendants’ motion to dismiss (doc. no. 16) is
granted only to the extent that: plaintiff Charles W.

Stewart’s claims against defendant Pedersen under the
Americans

with

Disabilities

Act

(ADA),

42

U.S.C.

§ 12101, et seq., and the Family and Medical Leave Act,
29 U.S.C. § 2601, et seq., (counts one and three) are
dismissed;

and

plaintiff

failure-to-accommodate

claim

Stewart’s

and

ADA

fraudulent-deceit

claim (counts two and five) are dismissed as to all
defendants.

The motion to dismiss is denied in all

other respects.

No defendant is terminated.

This

case

is

referred

back

to

not
the

closed,

and

magistrate

this

judge

matter
for

be

further

proceedings.
DONE, this the 14th day of December, 2016.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE