Wesley v. National Mentor Healthcare, LLC

Filing 20

ORDER adopting 16 Report and Recommendations, denying 5 Motion to Dismiss treated as a Motion for Summary Judgment. Signed by Judge Thomas W. Thrash, Jr on 2/8/10. (dr)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION WAYNE WESLEY, Plaintiff, v. NATIONAL MENTOR HEALTHCARE, LLC doing business as Georgia Mentor, Defendant. ORDER This is an employment discrimination action. It is before the Court on the Report and Recommendation [Doc. 16] of the Magistrate Judge recommending denying the Defendant's Motion to Dismiss [Doc. 5] treated as a Motion for Summary Judgment. The Court approves and adopts the Report and Recommendation as the judgment of the Court. The Defendant's Motion to Dismiss [Doc. 5] is DENIED. However, the Court expressly reserves ruling on the Defendant's claim of judicial estoppel in the event that the bankruptcy trustee abandons the action or recovers any sum in excess of that required to repay the Plaintiff's debts. CIVIL ACTION FILE NO. 1:09-CV-978-TWT

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SO ORDERED, this 8 day of February, 2010.

/s/Thomas W. Thrash THOMAS W. THRASH, JR. United States District Judge

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