Clark v. Horace Mann Insurance Company
ORDER signed by District Judge Troy L. Nunley on 01/04/17 ORDERING that Horace Mann Ins. Co.'s 6 Motion for Partial Dismissal of Complaint is GRANTED; the ADA claim is DISMISSED WITHOUT PREJUDICE. Plaintiff is granted 30 days leave to amend the complaint to fix the deficiencies in the ADA claim. (Benson, A)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
CARRIE ANN CLARK,
HORACE MANN INSURANCE
ORDER GRANTING DEFENDANT’S
MOTION FOR PARTIAL DISMISSAL OF
This matter is before the Court on Defendant Horace Mann Insurance Company’s
(“Defendant”) Motion for Partial Dismissal of Complaint (ECF No. 6) filed on October 17, 2016.
After the Court issued two Orders to Show Cause for Plaintiff Carrie Ann Clark’s (“Plaintiff”)
continued failure to file an opposition, Plaintiff filed a Statement of Non-Opposition on
December 29, 2016. (ECF No. 20.) Defendant seeks to dismiss Plaintiff’s Cause of action for
violation of the Americans with Disability Act (“ADA”). In light of Plaintiff’s statement of non-
opposition, the ADA claim is hereby DISMISSED WITHOUT PREJUDICE. Plaintiff is granted
thirty (30) days leave to amend the complaint to fix the deficiencies in the ADA claim.
IT IS SO ORDERED.
Dated: January 4, 2017
Troy L. Nunley
United States District Judge
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