Stewart v. Argos Ready Mix, LLC et al(MAG2), No. 3:2016cv00356 - Document 40 (M.D. Ala. 2016)

Court Description: OPINION. An appropriate judgment will be entered. Signed by Honorable Judge Myron H. Thompson on 12/14/2016. (dmn, )
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Stewart v. Argos Ready Mix, LLC et al(MAG2) Doc. 40 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION CHARLES W. STEWART, ) ) ) ) ) ) ) ) ) ) Plaintiff, v. ARGOS READY MIX, LLC, et al., Defendants. CIVIL ACTION NO. 3:16cv356-MHT (WO) OPINION Plaintiff asserting Charles federal W. claims Stewart under filed the this lawsuit Americans with Disabilities Act, 42 U.S.C. § 12101, et seq., and the Family Medical Leave Act, 29 U.S.C. § 2601, et seq., as well as claims under state law. This lawsuit is now before the court on the recommendation of the United States Magistrate Judge that defendants’ motion to strike should denied and defendants’ motion to be dismiss should be granted in part and denied in part. Also before the court are defendant Ronnee J. Pedersen’s objections to the recommendation. After an Dockets.Justia.com independent and de novo review of the record, the court concludes overruled adopted. that and the Pedersen’s magistrate objections judge’s should be recommendation * An appropriate judgment will be entered. DONE, this the 14th day of December, 2016. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE * In the objection, Pedersen argues that the recommendation errs because Stewart failed to sufficiently plead facts concerning ‘the benefit’ Pedersen obtained as a consequence of her alleged misrepresentations to Stewart. However, Pedersen did not raise the insufficiency of Stewart’s complaint regarding this element in the motion to dismiss or in the reply to Stewart’s opposition to the motion to dismiss. Accordingly, the argument was not properly raised, and will not be considered at this time.