Levesque v. CVPH Medical Center, No. 9:2012cv00960 - Document 104 (N.D.N.Y 2014)

Court Description: DECISION AND ORDER: The 101 Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). ORDERED, that Defendant's 87 Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6) is DENIED. ORDERED, that Defendant is directed to answer the amended complaint on or before April 9, 2014. Signed by Judge David N. Hurd on 3/26/14. (served on plaintiff by regular mail) (alh, )

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------ANDRE R. LEVESQUE, Plaintiff, No. 9:12-CV-960 (DNH/CFH) -vCVPH MEDICAL CENTER, Defendant. -------------------------------APPEARANCES: OF COUNSEL: ANDRE R. LEVESQUE Plaintiff pro se c/o UPS Store #149 35A Smithfield Blvd Plattsburgh, NY 12901 STAFFORD, OWENS LAW FIRM Attorneys for Defendant One Cumberland Avenue Plattsburgh, NY 12901 JUSTIN R. MEYER, ESQ. DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Andre R. Levesque brought this action pursuant to Title III of the Americans with Disabilities Act, 42 U.S.C. §§ 12101, et seq. On March 5, 2014, the Honorable Christian F. Hummel, United States Magistrate Judge, advised by ReportRecommendation that defendant's motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) be denied. No objections to the Report-Recommendation were filed. Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). Therefore, it is ORDERED that 1. Defendant's motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) is DENIED; and 2. Defendant is directed to answer the amended complaint on or before April 9, 2014. The Clerk is directed to serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules. IT IS SO ORDERED. Dated: March 26, 2014 Utica, New York. -2-

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