UNITED STATES OF AMERICA v. PERRY HOMES, INC. et al

Filing 47

ORDER regarding 35 Report and Recommendation on 18 Defendants' Motion to Dismiss Plaintiff's Amended Complaint. 37 Defendants' objections are overruled, and 36 Plaintiff's objection is sustained. The Court adopts the Report and Recommendation as the Opinion of the Court, except as to Plaintiff's subsection 3604(f)(1) and (f)(2), failure to accommodate claims. Signed by Judge Marilyn J. Horan on 7/29/2022. (dmm)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
UNITED STATES OF AMERICA,

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Plaintiff,
v.
PERRY HOMES, INC., ALLYSON
WHITTINGTON, and ROBERT
WHITTINGTON,
Defendants.

2:21-cv-977
Judge Marilyn J. Horan

ORDER OF THE COURT

AND NOW, on this 29th day of July, 2022, following a thorough review of the record
and law, Defendants’ Objections, (ECF No. 37), to Chief Magistrate Judge Eddy’s Report and
Recommendation, (ECF No. 25), are overruled, and Plaintiff’s Objection, (ECF No. 36), to the
Report and Recommendation is sustained.
The Report and Recommendation to dismiss Plaintiff’s subsection 3604(f)(1) and (f)(2),
failure to accommodate claims, will be rejected. In all other respects, this Court concurs with
and accepts the Magistrate Judge’s Report and Recommendation. Defendants’ Motion to
Dismiss will be denied. Defendants are required to file thier Answer, as will be directed by
Magistrate Judge Eddy.

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Marilyn J. Horan
United States District Judge

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