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17-409 - Frederick v. Coffee House Holdings, Inc.


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17-409 - Frederick v. Coffee House Holdings, Inc.
May 11, 2017
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ORDER ON MOTION TO DISMISS granting in part and denying in part 20 Motion to Dismiss by Magistrate Judge Michael E. Hegarty on 05/11/2017. The Court denies in part Defendants Motion to Dismiss [filed April 7, 2017; ECF No. 20] as to the exhaustion challenge, but reserves judgment as to Defendants mootness challenge to the Plaintiffs Title III claim. Supplemental Order on Motion to Dismiss filed at 37 on 08/08/2017 (mdave, ) Modified on 5/17/2017 to edit file date (mdave, ). Modified on 8/8/2017 to add supplemental order (mdave, ).
August 8, 2017
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SUPPLEMENTAL ORDER ON MOTION TO DISMISS re: 20 MOTION to Dismiss filed by Coffee House Holdings, Inc. by Magistrate Judge Michael E. Hegarty on 08/08/2017. The Court holds that Plaintiffs claim is not moot, because any changes Defendant made to its establishment are not permanent in nature. Accordingly, the Court denies Defendants Motion to Dismiss. (mdave, )