Jay v. Auburn University, et al

Filing 59

ORDER ADOPTING 56 REPORT AND RECOMMENDATIONS. It is ORDERED that Defendants' 50 MOTION to Dismiss is GRANTED in part and DENIED in part as set out. Plaintiff is granted leave to file a Third Amended Complaint as instructed in the Report and Recommendation. Signed by Chief Judge Kristi K. DuBose on 06/19/2018. (Copy mailed to Plaintiff) (nah)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
NORTHERN DIVISION
CHARLES A. JAY, et al.,
Plaintiffs,
v.
AUBURN UNIVERSITY, et al.,
Defendants.

:
:
:
:
:
:
:

CIVIL ACTION 17-00369-KD-C

ORDER
After due and proper consideration of all portions of this file deemed relevant to 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)(1)(B) and dated May 23, 2018 is ADOPTED as the opinion
of this Court. Accordingly, it is ORDERED that the Defendants' motion to dismiss (Doc. 50) is
GRANTED IN PART and DENIED in part as follows: 1) all claims in Plaintiffs’ Second Amended
Complaint (Doc. 42) are DISMISSED with prejudice BUT FOR the one (1) potential claim against
Auburn University under the Rehabilitation Act; and 2) Plaintiff is GRANTED LEAVE to file a
Third Amended Complaint as instructed in the Report and Recommendation.
DONE and ORDERED this the 19th day of June 2018.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
CHIEF UNITED STATES DISTRICT JUDGE