Stewart v. Argos Ready Mix, LLC et al(MAG2), No. 3:2016cv00356 - Document 53 (M.D. Ala. 2017)

Court Description: OPINION AND ORDER: it is ORDERED that: (1) Defendant Ronnee J. Pedersens objections (doc. no. 49 ) are overruled. (2) The United States Magistrate Judges recommendation (doc. no. 48 ) is adopted. (3) Defendant Pedersons motion to dismiss or, altern atively, for judgment on the pleadings (doc. no. 42 ) is denied. This case is referred back to the magistrate judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 4/17/2017. (Attachments: # 1 Civil Appeals Checklist)(dmn, )
Download PDF
Stewart v. Argos Ready Mix, LLC et al(MAG2) Doc. 53 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 AND ORDER Plaintiff asserting Charles federal W. Stewart claims 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 Pedersen’s motion Judge to that dismiss defendant or, alternatively, judgment on the pleadings be denied. court are defendant recommendation. Pedersen’s After an Ronnee J. for Also before the objections independent and to de the novo Dockets.Justia.com review of Pedersen’s the record, objections the should court be concludes overruled and that the magistrate judge’s recommendation adopted. Accordingly, it is ORDERED that: (1) Defendant Ronnee J. Pedersen’s objections (doc. no. 49) are overruled. (2) The United States Magistrate Judge’s recommendation (doc. no. 48) is adopted. (3) Defendant Pederson’s motion to dismiss or, alternatively, for judgment on the pleadings (doc. no. 42) is denied. This case is referred back to the magistrate judge for further proceedings. DONE, this the 17th day of April, 2017. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE