Coon v. UNC Rex Hospital et al, No. 5:2020cv00652 - Document 34 (E.D.N.C. 2021)

Court Description: OPINION AND ORDER granting in part and denying in part 22 Motion to Dismiss for Failure to State a Claim. For the foregoing reasons, the court concludes that: (1) Defendants' motion to dismiss all claims brought against Defendants other t han Rex is GRANTED; and, regarding the remaining claims brought against Rex only, (2) Defendants' motion to dismiss Counts One, Two, and Five is GRANTED;(3) Defendants' motion to dismiss Count Three is DENIED; and (4) Defendants' motio n to dismiss Count Four is DENIED as to Plaintiff's night blindness theory only and is otherwise GRANTED. Plaintiff is GRANTED LEAVE to file an amended complaint alleging how she complied with Title VII and the ADA's administrative regimes, including the date that she received the right-to-sue letter, as well as to file affidavits in support. Signed by Chief US District Judge Richard E. Myers II on 8/13/2021. (Copy of order sent to Cynthia Faye Coon, 2671 Lamplight Circle, High Point, NC 27265 via US Mail.) (Waddell, K.)