Seese v. Prudential Insurance Company of America, No. 0:2014cv03286 - Document 40 (D. Minn. 2015)
Court Description: MEMORANDUM OPINION & ORDER. IT IS HEREBY ORDERED that Prudential's motion to dismiss 11 is GRANTED. Counts Four and Six are hereby dismissed. (Written Opinion). Signed by Judge Michael J. Davis on 9/23/15. (GRR)
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Seese v. Prudential Insurance Company of America Doc. 40 the Plan was private, limited to employees of Carlson. Because the Plan was not offered to the public in general, it is not a public accommodation under Title III of the ADA. See King v. Burwell, 135 S. Ct. 2480 (2015) (rules of statutory construction require that when interpreting statute, words of a statute must be read in their context and with a view to their place in the overall statutory scheme); United States v. Felt & Tarrant Mfg. Co., 283 U.S. 269, 273 (1931) (finding it is not within judicial province to read words out of a statute). Accordingly, IT IS HEREBY ORDERED that Prudential’s motion to dismiss (ECF No. 11) is GRANTED. Counts Four and Six are hereby dismissed. DATED: September 23, 2015 s/ Michael J. Davis MICHAEL J. DAVIS United States District Court 11 Dockets.Justia.com
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