Clark v. Horace Mann Insurance Company

Filing 22

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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CARRIE ANN CLARK,

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No. 2:16-cv-02252-TLN-DB

Plaintiff,
v.
HORACE MANN INSURANCE
COMPANY,

ORDER GRANTING DEFENDANT’S
MOTION FOR PARTIAL DISMISSAL OF
COMPLAINT

Defendant.

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This matter is before the Court on Defendant Horace Mann Insurance Company’s

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(“Defendant”) Motion for Partial Dismissal of Complaint (ECF No. 6) filed on October 17, 2016.

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After the Court issued two Orders to Show Cause for Plaintiff Carrie Ann Clark’s (“Plaintiff”)

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continued failure to file an opposition, Plaintiff filed a Statement of Non-Opposition on

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December 29, 2016. (ECF No. 20.) Defendant seeks to dismiss Plaintiff’s Cause of action for

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violation of the Americans with Disability Act (“ADA”). In light of Plaintiff’s statement of non-

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opposition, the ADA claim is hereby DISMISSED WITHOUT PREJUDICE. Plaintiff is granted

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thirty (30) days leave to amend the complaint to fix the deficiencies in the ADA claim.

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IT IS SO ORDERED.
Dated: January 4, 2017

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Troy L. Nunley
United States District Judge