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16-619 - McCord v. Standard Furniture, Inc.


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16-619 - McCord v. Standard Furniture, Inc.
March 22, 2017
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REPORT AND RECOMMENDATIONS re 15 MOTION to Dismiss Partial Motion to Dismiss Plaintiff's Complaint filed by Standard Furniture, Inc., 25 Corrected MOTION to Amend Complaint filed by Antonio T. McCord. Objections to R&R due 14 days from the date of service of this document.It is recommended that Defendant Standard's motion to dismiss be granted in part as to Count II, Plaintiff's McCord's ADA claim, asserted in his Amended Complaint, which should be dismissed with prejudice, and denied in part as to the remainder of its motion. It is recommended that Plaintiff McCord's Motion to Amend Complaint should be granted in part as to Counts I and III and denied in part as to Count II. Signed by Magistrate Judge William E. Cassady on 3/22/2017. (cmj)
April 7, 2017
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ORDER ADOPTING the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. ยง 636(b)(l)(B) and dated March 22, 2017. Accordingly, it is ORDERED that Defendant Standard Furniture, Inc.'s motion to dismiss (Doc. 15) is: GRANTED IN PART as to Count II, Plaintiff's ADA claim, asserted in his Amended Complaint (Doc. 25-2), which is DISMISSED WITH PREJUDICE; and DENIED IN PART as to the remainder of the motion. It is further ORDERED that Plaintiffs motion to amend the complaint (Doc. 25) is: GRANTED IN PART as to Counts I and III; and DENIED IN PART as to Count II. Signed by Chief Judge Kristi K. DuBose on 4/7/2017. (srd)