Horton v. LKQ/Keystone Automotive Industries

Filing 17

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 16 ; defendant's motion to dismiss 10 is granted ; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, ymc)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

BOBBY HORTON,
Plaintiff,

Case No. 1:14CV1177

v.

Hon. Robert J. Jonker

LKQ/KEYSTONE AUTOMOTIVE INDUSTRIES,
Defendant.
/
ORDER
APPROVING AND ADOPTING REPORT AND RECOMMENDATION
The court has reviewed the Report and Recommendation filed by the United States Magistrate
Judge in this action. The Report and Recommendation was duly served on the parties on February 11, 2016.
No objections have been filed pursuant to 28 U.S.C. § 636(b)(1)(C).
THEREFORE, IT IS ORDERED that the Report and Recommendation of the Magistrate Judge, filed
February 11, 2016, is approved and adopted as the opinion of the court.
IT IS ORDERED that defendant’s motion to dismiss (docket #10) is GRANTED as to plaintiff’s claims
that defendant violated the ADA for failing to accommodate his disability and demoting him (as set forth
in the right-to-sue letter) and his claims for relief under 42 U.S.C. § 1983 and Title VII..
IT IS FURTHER ORDERED that defendant’s motion to dismiss (docket # 10) pursuant to Fed. R.Civ
P. 12(b)(1) is GRANTED as to plaintiff’s claim that defendant violated the ADA by creating a retaliatory
hostile work environment.
This matter is DISMISSED.
/s/Robert J. Jonker
Robert J. Jonker
Chief United States District Judge
Dated: March 1, 2016