McCord v. Standard Furniture, Inc.

Filing 32

ORDER ADOPTING the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(l)(B) and dated March 22, 2017. Accordingly, it is ORDERED that Defendant Standard Furniture, Inc.'s motion to dismiss (Doc. 15) is: GRANTE D IN PART as to Count II, Plaintiff's ADA claim, asserted in his Amended Complaint (Doc. 25-2), which is DISMISSED WITH PREJUDICE; and DENIED IN PART as to the remainder of the motion. It is further ORDERED that Plaintiffs motion to amend the complaint (Doc. 25) is: GRANTED IN PART as to Counts I and III; and DENIED IN PART as to Count II. Signed by Chief Judge Kristi K. DuBose on 4/7/2017. (srd)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
ANTONIO T. MCCORD,
Plaintiff,
v.
STANDARD FURNITURE, INC.,
Defendant.

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CIVIL ACTION 16-00619-KD-C

ORDER
After due and proper consideration of the issues raised, and there having been no
objections filed, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C.
§ 636(b)(l)(B) and dated March 22, 2017, is ADOPTED as the opinion of this Court.
Accordingly, it is ORDERED that Defendant Standard Furniture, Inc.’s motion to
dismiss (Doc. 15) is: GRANTED IN PART as to Count II, Plaintiff’s ADA claim, asserted in
his Amended Complaint (Doc. 25-2), which is DISMISSED WITH PREJUDICE; and
DENIED IN PART as to the remainder of the motion.
It is further ORDERED that Plaintiff’s motion to amend the complaint (Doc. 25) is:
GRANTED IN PART as to Counts I and III; and DENIED IN PART as to Count II.
DONE and ORDERED this the 7th day of April 2017.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
CHIEF UNITED STATES DISTRICT JUDGE