Stebbins v. Legal Aid of Arkansas

Filing 89

JUDGMENT adopting the Magistrate's 77 Report and Recommendation and granting defendant's 52 Motion for Partial Summary Judgment and Mr. Stebbins' two Motions for Partial Summary Judgment 37 and 58 are denied; further ordered th at defendant's 73 Second Motion for Partial Summary Judgment is granted and Mr. Stebbins' 83 Motion to Non-Suit is denied; further ordered that Mr. Stebbins' case is dismissed with prejudice and each party is to bear its own costs and fees. Signed by Honorable P. K. Holmes, III on November 6, 2012. (rw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HARRISON DIVISION
DAVID STEBBINS
v.

PLAINTIFF
Case No. 3:11-CV-03057

LEGAL AID OF ARKANSAS

DEFENDANT

JUDGMENT
For the reasons set forth in the Court’s Order filed on this same date, IT IS HEREBY
ORDERED AND ADJUDGED that the Magistrate’s Report and Recommendation (Doc. 77) is
ADOPTED, with the limited exceptions that the Court declines to adopt any finding included in the
Report and Recommendation, to the extent the Magistrate made such findings, (1) that Plaintiff has
Asperger’s Syndrome; (2) that Legal Aid’s responses to Mr. Stebbins’s requests for admissions were
due March 14, 2012; and (3) that Mr. Stebbins submitted a change of address to the Court on March
23, 2012. Accordingly, Defendant’s Motion for Partial Summary Judgment on Mr. Stebbins’s
retaliation claim (Doc. 52) is GRANTED, and Mr. Stebbins’s two Motions for Partial Summary
Judgment (Docs. 37 and 58) are DENIED.
IT IS FURTHER ORDERED AND ADJUDGED that Legal Aid’s second Motion for Partial
Summary Judgment (Doc. 73), as to Mr. Stebbins’s claims for discrimination and failure to modify
under the Americans with Disabilities Act, is GRANTED.
IT IS FURTHER ORDERED AND ADJUDGED that Mr. Stebbins’s Motion to Non-Suit
(Doc. 83) is DENIED.
IT IS FURTHER ORDERED AND ADJUDGED that, as a result of the above rulings, Mr.
Stebbins’s case is DISMISSED WITH PREJUDICE. Each party is to bear its own costs and fees.

IT IS SO ORDERED AND ADJUDGED this 6th day of September, 2012.

/s/P. K. Holmes, III
P.K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE