Jackson v. Halcyon Rehabilitation, LLC

Filing 36

ORDER ADOPTING IN PART 34 REPORT AND RECOMMENDATIONS, as further set out. Denying 18 MOTION to Dismiss Count Two of Plaintiff's Amended Complaint filed by Halcyon Rehabilitation, LLC. Finding as MOOT 23 MOTION to Strike filed by Kowana Jackson. Signed by Judge Kristi K. DuBose on 5/9/2014. copies to parties. (sdb)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION KOWANA JACKSON, Plaintiff, v. HALCYON REHABILITATION, LLC, Defendant. ) ) ) ) ) ) ) CIVIL ACTION NO. 13-00639-KD-M ORDER After due and proper consideration of the issues raised, and a de novo determination of those portions of the Report and Recommendation (Doc. 34) to which objection (Doc. 35) is made, the Report and Recommendation (Doc. 34) of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is ADOPTED in part as the opinion of this Court, as follows: • The Court adopts in full the reasoning set forth in pages 1-6 and adopts page 7 through the paragraph ending with “wherein Jackson’s job responsibilities had to be modified so that she could perform them.” The Court declines to adopt the remainder of the Report and Recommendation. • The Court adopts the recommendation that the pending Motion to Dismiss (Doc. 18) be denied. • The Court declines to adopt the recommendation that the Motion to Strike (Doc. 23) be granted. Accordingly, it is ORDERED that Defendant’s Motion to Dismiss Count Two of Plaintiff’s Amended Complaint (Doc. 18) is DENIED. Plaintiff’s Motion to Strike (Doc. 23) is MOOT. DONE and ORDERED this the 9th day of May 2014. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE

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