Stewart v. Argos Ready Mix, LLC et al

Filing 53

OPINION AND ORDER: it is ORDERED that: (1) Defendant Ronnee J. Pedersens objections (doc. no. 49 ) are overruled. (2) The United States Magistrate Judges recommendation (doc. no. 48 ) is adopted. (3) Defendant Pedersons motion to dismiss or, altern atively, for judgment on the pleadings (doc. no. 42 ) is denied. This case is referred back to the magistrate judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 4/17/2017. (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,

)
)
)
)
)
)
)
)
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Plaintiff,
v.
ARGOS READY MIX, LLC,
et al.,
Defendants.

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

OPINION AND ORDER
Plaintiff
asserting

Charles

federal

W.

Stewart

claims

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

Pedersen’s

motion

Judge
to

that

dismiss

defendant
or,

alternatively,

judgment on the pleadings be denied.
court

are

defendant

recommendation.

Pedersen’s

After

an

Ronnee

J.
for

Also before the

objections

independent

and

to
de

the
novo

review

of

Pedersen’s

the

record,

objections

the

should

court
be

concludes

overruled

and

that
the

magistrate judge’s recommendation adopted.
Accordingly, it is ORDERED that:
(1) Defendant Ronnee J. Pedersen’s objections
(doc. no. 49) are overruled.
(2)

The

United

States

Magistrate

Judge’s

recommendation (doc. no. 48) is adopted.
(3) Defendant Pederson’s motion to dismiss or,
alternatively, for judgment on the pleadings (doc.
no. 42) is denied.
This case is referred back to the magistrate
judge for further proceedings.
DONE, this the 17th day of April, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE