De La Rosa v. Arizona State University et al

Filing 24

ORDER granting 20 Motion to Dismiss; granting 22 Motion to Amend/Correct. Plaintiff shall file an amended complaint on or before 5/31/2011. Defendants shall answer or otherwise respond to the amended complaint within 14 days of its service. Signed by Judge David G Campbell on 5/25/2011.(NVO)

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WO

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Juliet M. De La Rosa, an individual,
Plaintiff,

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No. CV-10-1803-PHX-DGC
ORDER

vs.
Arizona State University; and the Arizona
Board of Regents,

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Defendants.

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Plaintiff’s complaint asserts a violation of the American with Disabilities Act.

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Doc. 1. Defendants have moved to dismiss the complaint for failure to state a claim to

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relief. Doc. 20. Plaintiff concedes that her ADA claim fails as a matter of law, but seeks

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leave to amend to assert a claim under the Rehabilitation Act. Doc. 22. Defendants do

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not oppose the proposed amendment. Doc. 23.

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IT IS THEREFORE ORDERED:

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1.

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Defendants’ motion to dismiss (Doc. 20) is granted.

The complaint

(Doc. 1) is dismissed without prejudice.

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2.

Plaintiff’s motion for leave to file an amended complaint (Doc. 22) is

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granted. Plaintiff shall file the proposed amended complaint (Doc. 22-1) by May 31,

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2011.

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3.

Defendants shall answer or otherwise respond to the amended complaint

within 14 days after its service. See Fed. R. Civ. P. 15(a)(3).
Dated this 25th day of May, 2011.

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