YOUNG v. TOWN OF BAR HARBOR, No. 1:2014cv00146 - Document 39 (D. Me. 2015)

Court Description: ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE 38 Report and Recommendations, granting in part and denying in part 25 Defendant's Motion to Dismiss, and granting 28 Plaintiff's Motion for Trial on the Facts. By JUDGE GEORGE Z. SINGAL. (MSH)

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YOUNG v. TOWN OF BAR HARBOR Doc. 39 UNITED STATES DISTRICT COURT DISTRICT OF MAINE NATHAN YOUNG, Plaintiff, v. TOWN OF BAR HARBOR, Defendant ) ) ) ) ) ) ) ) No. 1:14-cv-146-GZS ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE No objections having been filed to the Magistrate Judge's Recommended Decision (ECF No. 38) filed April 23, 2015, the Recommended Decision is AFFIRMED. Accordingly, it is ORDERED that Defendant’s Motion to Dismiss (ECF No. 25) is GRANTED IN PART in that Count I of the Amended Complaint (due process) is dismissed and that Count V (ADA) and Count VI (MHRA) of the Amended Complaint are dismissed for Plaintiff’s failure to accommodate. It is ORDERED that Defendant’s Motion is otherwise DENIED. Finally, it is ORDERED that Plaintiff’s Motion for Trial on the Facts (ECF No. 28) is GRANTED. _/s/ George Z. Singal __ United States District Judge Dated this 13th day of May, 2015. Dockets.Justia.com

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