Born v. Milwaukee County et al

Filing 40

ORDER signed by Judge J.P. Stadtmueller on 9/19/2018: GRANTING 30 Defendant's Partial Motion to Dismiss and STRIKING specified allegations from 24 Plaintiff's Second Amended Complaint. See Order for further details. (cc: all counsel, via mail to Susan M. Born) (jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
SUSAN M. BORN,
Plaintiff,
v.
MILWAUKEE COUNTY,

Case No. 17-CV-1783-JPS-JPS

ORDER

Defendant.
Defendant filed a partial motion to dismiss on August 22, 2018.
(Docket #30). Plaintiff’s response to the motion was due on or before
September 12, 2018. Civ. L. R. 7(b). As of today’s date, Plaintiff has not filed
a response or otherwise communicated with the Court regarding
Defendant’s motion. In light of Plaintiff’s non-opposition, the Court will
grant Defendant’s motion. Id. 7(d). In accordance with the relief sought in
Defendant’s brief, (Docket #31 at 2-4), the Court will strike the following
from Plaintiff’s second amended complaint:
1)

The entirety of Plaintiff’s claim under the Rehabilitation Act,
29 U.S.C. § 794;

2)

All allegations related to Plaintiff’s claim under the
Americans with Disabilities Act, 42 U.S.C. § 12112(a), which
precede May 14, 2015; and

3)

All allegations related to Plaintiff’s claim under the Fair Labor
Standards Act, 29 U.S.C. § 207(a), which precede December
21, 2014.

Accordingly,
IT IS ORDERED that Defendant’s motion to dismiss (Docket #30)
be and the same is hereby GRANTED; and
IT IS FURTHER ORDERED that the allegations identified above are
STRICKEN from Plaintiff’s second amended complaint (Docket #24).
Dated at Milwaukee, Wisconsin, this 19th day of September, 2018.
BY THE COURT:

____________________________________
J. P. Stadtmueller
U.S. District Judge

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