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16-356 - Stewart v. Argos Ready Mix, LLC et al(MAG2)


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16-356 - Stewart v. Argos Ready Mix, LLC et al(MAG2)
November 1, 2016
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y, the undersigned RECOMMENDS that Defendant Pedersen be DISMISSED from Plaintiff's ADA claim (count one) and from Plaintiffs FMLA claim (count three). The undersigned also RECOMMENDS that Plaintiffs ADA failure to accommodate claim (count two) and Plaintiffs fraudulent deceit claim (count five) be DISMISSED. Further, the undersigned RECOMMENDS that this matter be referred back for further proceedings. Objections to R&R due by 11/15/2016. Signed by Honorable Judge Wallace Capel, Jr on 11/1/2016. (dmn, ) Modified on 11/1/2016 to include objection deadline text; omitted in error. (dmn, )RECOMMENDATION OF THE MAGISTRATE JUDGE that Defendants' 15 Motion to Strike be DENIED. It is further ORDERED that Defendants' 16 Motion to Dismiss be GRANTED in part and DENIED in part in accordance with this recommendation. Specificall
December 14, 2016
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OPINION. An appropriate judgment will be entered. Signed by Honorable Judge Myron H. Thompson on 12/14/2016. (dmn, )
December 14, 2016
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and the Family and Medical Leave Act, 29 U.S.C. 2601, et seq., (counts one and three) are dismissed; and plaintiff Stewarts ADA failure-to-accommodate claim and fraudulent-deceit claim (counts two and five) are dismissed as to all defendants. The moJUDGMENT: It is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Defendant Ronnee J. Pedersen's 39 Objections are overruled. (2) The United States Magistrate Judge's 38 Recommendation is adopted. (3) Defendants' 15 Motion to Strike is denied. (4) Defendants' 16 Motion to Dismiss is granted only to the extent that: plaintiff Charles W. Stewart's claims against defendant Pedersen under the Americans with Disabilities Act (ADA), 42 U.S.C. 12101, et seq.,tion to dismiss is denied in all other respects. No defendant is terminated. This case is not closed, and this matter be referred back to the magistrate judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 12/14/2016. (Attachments: # (1) Civil Appeals Checklist)(dmn, )
March 15, 2017
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RECOMMENDATION OF THE MAGISTRATE JUDGE that Defendants' Motion to Dismiss or, Alternatively, for Judgment on the Pleadings (Doc. 42) be DENIED. Objections to R&R due by 3/29/2017. Signed by Honorable Judge Wallace Capel, Jr on 3/15/2017. (kh, )
April 17, 2017
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OPINION AND ORDER: it is ORDERED that: (1) Defendant Ronnee J. Pedersens objections (doc. no. 49) are overruled. (2) The United States Magistrate Judges recommendation (doc. no. 48) is adopted. (3) Defendant Pedersons motion to dismiss or, alternatively, for judgment on the pleadings (doc. no. 42) is denied. This case is referred back to the magistrate judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 4/17/2017. (Attachments: # (1) Civil Appeals Checklist)(dmn, )
May 17, 2017
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JUDGMENT: Pursuant to the joint stipulation of dismissal with prejudice (doc. no. 56), it is the ORDER, JUDGMENT, and DECREE of the court that defendant Ronnee J. Pederson and the claims against him are dismissed with prejudice, with defendant Pederson terminated as a party and with the parties to bear their own cost. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. This case is not closed. Signed by Honorable Judge Myron H. Thompson on 5/17/20117. (kh, ) (Additional attachment(s) added on 5/17/2017: # (1) Civil Appeals Checklist) (kh, ).
June 7, 2017
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JUDGMENT: Pursuant to the joint stipulation of dismissal (doc. no. 59), it is the ORDER, JUDGMENT, and DECREE of the court that this cause is dismissed in its entirety with prejudice and with the parties to bear their own costs. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to FRCP 58. This case is closed. Signed by Honorable Judge Myron H. Thompson on 6/7/2017. (Attachments: # (1) Civil Appeals Checklist) Copies furnished to calendar group, AG.(dmn, ) (Deadlines terminated: Jury Trial set for 5/7/2018 and Final Pretrial Conference set for 12/14/2017.)