Bennett v. Board of Education of Washington County Joint Vocational School District

Filing 51

ORDER DISMISSING Count 1 of the Amended Complaint finding as moot 22 Motion for Summary Judgment. Signed by Judge Algenon L. Marbley on 05/07/2010. (cw)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION CONSTANCE BENNETT, Plaintiff, v. BOARD OF EDUCATION OF WASHINGTON COUNTY JOINT VOCATIONAL SCHOOL DISTRICT, Defendant. : : : : : : : : : : : Case No. 08-CV-663 JUDGE MARBLEY Magistrate Judge Abel ORDER This matter is before the Court on the Parties' Stipulation of Dismissal of Count 1 of Plaintiff's First Amended Complaint (Doc 43). Plaintiff, Constance Bennett, upon realizing that she had failed to meet the exhaustion requirements for associational discrimination claims under the Americans with Disabilities Act, agreed to voluntarily dismiss, without prejudice, that count of her Complaint.1 Count 1 of the Amended Complaint is therefore DISMISSED. IT IS SO ORDERED. /s Algenon L. Marbley Algenon L. Marbley United States District Judge Dated: May 7, 2010 Defendant had filed a Motion for Summary Judgment on that count (Doc. 22). Because the count is now dismissed, that Motion is MOOT. 1

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