YOUNG v. TOWN OF BAR HARBOR

Filing 39

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE 38 Report and Recommendations, granting in part and denying in part 25 Defendant's Motion to Dismiss, and granting 28 Plaintiff's Motion for Trial on the Facts. By JUDGE GEORGE Z. SINGAL. (MSH)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
NATHAN YOUNG,
Plaintiff,
v.
TOWN OF BAR HARBOR,
Defendant

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No.

1:14-cv-146-GZS

ORDER AFFIRMING THE
RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
No objections having been filed to the Magistrate Judge's Recommended Decision
(ECF No. 38) filed April 23, 2015, the Recommended Decision is AFFIRMED.
Accordingly, it is ORDERED that Defendant’s Motion to Dismiss (ECF No. 25)
is GRANTED IN PART in that Count I of the Amended Complaint (due process) is
dismissed and that Count V (ADA) and Count VI (MHRA) of the Amended Complaint are
dismissed for Plaintiff’s failure to accommodate. It is ORDERED that Defendant’s
Motion is otherwise DENIED.
Finally, it is ORDERED that Plaintiff’s Motion for Trial on the Facts (ECF No.
28) is GRANTED.
_/s/ George Z. Singal
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United States District Judge
Dated this 13th day of May, 2015.