Student One v. Wright State University et al, No. 3:2017cv00329 - Document 16 (S.D. Ohio 2018)

Court Description: DECISION AND ENTRY SUSTAINING DEFENDANTS WRIGHT STATE UNIVERSITY AND VICKI EVANS'S MOTION TO DISMISS PLAINTIFF PRATIBHA NIGAM'S AMENDED COMPLAINT (DOC. # 12 ); CLAIMS ONE AND TWO IN PLAINTIFF'S AMENDED COMPLAINT (DOC. # 10 ) ARE DISMIS SED WITH PREJUDICE; CLAIMS THREE AND FOUR ARE DISMISSED WITH PREJUDICE AS THEY PERTAIN TO DISABILITY DISCRIMINATION; CLAIMS THREE AND FOUR ARE DISMISSED WITHOUT PREJUDICE TO REFILING, SUBJECT TO THE STRICTURES OF RULE 11, AS THEY PERTAIN TO RETALIATI ON UNDER THE AMERICANS WITH DISABILITIES AND REHABILITATION ACTS; CLAIMS FIVE THROUGH SEVEN ARE DISMISSED WITHOUT PREJUDICE, SUBJECT TO REFILING IN A COURT OF COMPETENT JURISDICTION; JUDGMENT SHALL ULTIMATELY ENTER IN FAVOR OF DEFENDANTS AND AGAINST PLAINTIFF ON CLAIMS ONE AND TWO IN THEIR ENTIRETIES, AND ON CLAIMS THREE AND FOUR AS THEY PERTAIN TO DISABILITY DISCRIMINATION. Signed by Judge Walter H. Rice on 6/26/18. (pb)