Hobbs v. BH Media Group, Inc et al

Filing 9

ORDER denying as moot 8 Motion to Dismiss Defendants. Signed by District Judge Robert J. Conrad, Jr on 8/30/2018. (Pro se litigant served by US Mail.)(nvc)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA STATESVILLE DIVISION 5:18-cv-00088-RJC-DSC CHRIS EDWARD HOBBS, ) ) Plaintiffs, ) ) vs. ) ) ) BH MEDIA GROUP, INC et al, ) ) Defendants. ) ____________________________________ ) ORDER THIS MATTER comes before the Court on Defendants Carrie Benoit, Tim Dearman, Jon LaFontaine’s Motion to Dismiss (“Individual Defendants”), (Doc. No. 8), alleging that Plaintiff’s claims against them should be dismissed because “there is no individual liability under the sole cause of action alleged in Plaintiff’s Complaint— violation of the Americans with Disabilities Act.” (Id. at 1). The Court has already dismissed Individual Defendants from this case in its previous order, (Doc. No. 3 at 5) (“[I]ndividuals are not liable in an ADA action.) (citing Baird ex rel. Baird v. Rose, 192 F.3d 462 (4th Cir. 1999)). IT IS, THEREFORE, ORDERED that Defendants Carrie Benoit, Tim Dearman, Jon LaFontaine’s Motion to Dismiss, (Doc. No. 8) is DISMISSED as moot. Signed: August 30, 2018

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