Thomas v. Project Cure, Inc, No. 3:2008cv00273 - Document 17 (S.D. Ohio 2009)

Court Description: DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE (DOC. 12 ), AND OVERRULING DEFENDANT'S OBJECTIONS IN PART TO SAID JUDICIAL FILING (DOC. 14 ); DECISION AND ENTRY ADOPTING UNOBJECTED TO ORDER OF UNITED STATES MAGISTRATE JUDGE (DOC. 13 ); REMAINING CLAIMS SET FORTH. Signed by Judge Walter H Rice on 6/15/2009. (sc1, )

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON RANDOLPH THOMAS, : Plaintiff, : vs. Case No. 3:08cv273 : PROJECT CURE, INC., JUDGE WALTER HERBERT RICE : Defendant. DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE (DOC. #12), AND OVERRULING DEFENDANT S OBJECTIONS IN PART TO SAID JUDICIAL FILING (DOC. #14); DECISION AND ENTRY ADOPTING UNOBJECTED TO ORDER OF UNITED STATES MAGISTRATE JUDGE (DOC. #13); REMAINING CLAIMS SET FORTH Pursuant to the reasoning and citations of authority set forth by the United States Magistrate Judge, in her Report and Recommendations filed April 24, 2009 (Doc. #12), as well as upon a thorough de novo review of this Court s file and the applicable law, said Report and Recommendations are adopted in their entirety. The Defendant s Objections in part to said judicial filing (Doc. #14), directed only to that portion of the Magistrate Judge s Report and Recommendations which recommended overruling the Defendant s Motion to Dismiss, as to Plaintiff s claim for intentional infliction of emotional distress, are overruled. Moreover, this Court adopts the Magistrate Judge s unobjected to Order of April 24, 2009 (Doc. #13). As the result of the foregoing, the following claims remain to be litigated in this matter: the Plaintiff s claim under the American s With Disabilities Act and his claim of intentional infliction of emotional distress. /s/ Walter Herbert Rice June 15, 2009 Copies to: F. Harrison Green, Esq. Eric S. Thompson, Esq. Taylor Jones, Jr., Esq. WALTER HERBERT RICE UNITED STATES DISTRICT JUDGE

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