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17-1426 - Alessio v. United Airlines, Inc. et al


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17-1426 - Alessio v. United Airlines, Inc. et al
February 15, 2018
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Memorandum Opinion and Order: The Court finds that the filings referenced by United in its motion to strike (Doc. No. 24) do not represent proper responses to defendants' dispositive motion. Accordingly, and to the extent that Alessio's extraneous filings have not been already stricken from the docket by the Court's November 15, 2017 order, the Court grants United's motion to strike. For all of the foregoing reasons, defendants' motion to dismiss (Doc. No. 8) is granted. Because the Court has found that Alessio's complaint fails to state a cause of action for a failure to accommodate, but has elected to permit Alessio to amend her complaint, the Court denies defendants' alternative motion for a more definite statement. Alessio's claims for a violation of 49 U.S.C. Section 5124, age discrimination, and retaliation, as well as any and all claims against the individual defendants, are dismissed with prejudice. Alessio's claim for failure to accommodate a disability under the Americans with Disabilities Act against United is also dismissed, with leave to amend. Alessio is afforded 30 days from the date of this memorandum opinion and order in which to file an amended complaint raising a claim against United for failure to accommodate a disability under the Americans with Disabilities Act. Should Alessio fail to timely file a fully compliant amended complaint within 30 days of this ruling, the Court will enter judgment in United's favor as to the Americans with Disabilities Act claim as well, and close this case. Judge Sara Lioi on 2/15/2018. (P,J)