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15-251 - Robertson v. Montgomery County Developmental Center et al


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15-251 - Robertson v. Montgomery County Developmental Center et al
March 23, 2016
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PARTIAL DISMISSAL ORDER - On Motion of the Plaintiff (ECF No. 24) and with the consent of the Defendants, it is hereby ORDERED that Plaintiff's claims under the Americans with Disabilities Act, state law claims and due process claims in her First Amended Complaint be and are hereby dismissed without prejudice. The case will proceed upon Plaintiff's pending claim for racial discrimination and retaliation under Title VII of the Civil Rights Act of 1964 as amended, 42 U.S.C. Sections 2000e, et seq. which will remain pending subject to this Court's ruling on Defendant's Motion to Dismiss for failure to state a claim. Signed by Magistrate Judge Michael R. Merz on 3/23/2016. (kpf)
June 1, 2016
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REPORT AND RECOMMENDATIONS ON DEFENDANTS' MOTION TO DISMISS - The Complaint should be DISMISSED WITHOUT PREJUDICE for failure to state a claim upon which relief can be granted. In her Memorandum in Opposition, Plaintiff requests leave to file a Second Amended Complaint (ECF No. 22, PageID 123). Defendants do not opposed such a filing in the abstract (Reply, ECF No. 26, PageID 138). Plaintiff may therefore move to amend, attaching a proposed second amended complaint, not later than June 15, 2016. Plaintiff's counsel, in compliance with S. D. Ohio Civ. R. 7.3, should ascertain whether Defendants' counsel will oppose the motion. Objections to R&R due by 6/20/2016. Signed by Magistrate Judge Michael R. Merz on 6/1/2016. (kpf)
June 29, 2016
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DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. 27); SUSTAINING DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S AMENDED COMPLAINT (DOC. 18); DISMISSING AMENDED COMPLAINT (DOC. 17) WITHOUT PREJUDICE; JUDGMENT TO ENTER IN FAVOR OF DEFENDANTS AND AGAINST PLAINTIFF; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 06/29/2016. (jmb)