Wolff v. Bee Healthy Medical Weight Loss et al

Filing 70

ORDER directing Plaintiff to mail the summons and complaint to the address listed in this order by October 24, 2018, and directing counsel for defendant to file an acknowledgement of service on the docket upon receipt. Defendant is directed to file an answer or other responsive pleading to the complaint within 21 days of its receipt. Signed by Magistrate Judge Shiva V. Hodges on 10/10/2018. (lbak)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Kristy Michelle Wolff, FNP-C,
ADN, BSN, MSN, APRN,
Plaintiff,
vs.
Bee Healthy Medical Weight Loss
Clinic Lexington, LLC,
Defendant.

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C/A No.: 3:17-3339-CMC-SVH

ORDER

This matter is before the undersigned after the October 1, 2018 order of
the Honorable Cameron McGowan Currie, Senior United States District
Judge, in which she found that (1) Plaintiff’s Title VII claims should be
dismissed for lack of jurisdiction and (2) Plaintiff’s ADA claims against the
former individual defendants should be dismissed. [ECF No. 68]. Therefore,
the undersigned construes the remaining claims of the complaint as alleging
ADA claims against Bee Healthy Medical Weight Loss Clinic (“Defendant”).
Because Defendant’s counsel agreed to accept service on its behalf,1
Plaintiff need only mail a copy of the original summons and complaint to:

Counsel indicated that it was only authorized to accept service on behalf of
Bee Healthy Medical Weight Loss Clinic Lexington, LLC. Plaintiff did not
object to this clarification of the correct party. Therefore, the undersigned
directs the Clerk of Court to correct the docket to reflect Defendant’s name as
captioned above.
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M. Brian Magargle, Esq.,
Constangy, Brooks, Smith & Prophete, LLP,
1301 Gervais Street, Suite 810
Columbia, SC 29201
Plaintiff is directed to mail the summons and complaint to the above-listed
address by October 24, 2018, and counsel for Defendant is requested to file an
acknowledgement of service on the docket upon receipt. Defendant is directed
to file an answer or other responsive pleading to the complaint within 21
days of its receipt.
IT IS SO ORDERED.

October 10, 2018
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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