Kirsch v LEI Floor and Window Coverings, Inc.

Justia Dockets & Filings Ninth Circuit Hawaii District Court Kirsch v LEI Floor and Window Coverings, Inc.

Kirsch v LEI Floor and Window Coverings, Inc.

Plaintiff:	Thomas P. Kirsch
Defendant:	LEI Floor And Window Coverings, Inc.
Case Number:	1:2016cv00284
Filed:	June 2, 2016
Court:	US District Court for the District of Hawaii
Office:	Hawaii Office
County:	Maui
Presiding Judge:	ALAN C KAY
Presiding Judge:	RICHARD L. PUGLISI
Nature of Suit:	Americans with Disabilities - Employment
Cause of Action:	28 U.S.C. § 1331
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
January 9, 2017	Filing 16 ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS PLAINTIFF THOMAS P. KIRSCH'S COMPLAINT AGAINST LEI FLOOR AND WINDOW COVERINGS, INC. re 8 - Signed by JUDGE ALAN C. KAY on 1/9/2017. "The C ourt DENIES Defendant's Motion to Dismiss for lack of subject matter jurisdiction, but GRANTS Defendant's Motion to Dismiss for failure to state a claim. The Complaint is DISMISSED WITHOUT PREJUDICE and with leave to amend. The Court DEN IES Defendant's request for attorneys' fees and costs as the request is premature. Plaintiff must file any amended complaint within thirty days of the entry of this Order or else judgment will be entered against him and this action will be closed. Any amended complaint must correct the deficiencies noted in this Order or Plaintiff's claims may be dismissed with prejudice." (emt, )CERTIFICATE OF SERVICEParticipants regis tered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry

Date Filed

Document Text

January 9, 2017

Filing 16 ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS PLAINTIFF THOMAS P. KIRSCH'S COMPLAINT AGAINST LEI FLOOR AND WINDOW COVERINGS, INC. re 8 - Signed by JUDGE ALAN C. KAY on 1/9/2017. "The C ourt DENIES Defendant's Motion to Dismiss for lack of subject matter jurisdiction, but GRANTS Defendant's Motion to Dismiss for failure to state a claim. The Complaint is DISMISSED WITHOUT PREJUDICE and with leave to amend. The Court DEN IES Defendant's request for attorneys' fees and costs as the request is premature. Plaintiff must file any amended complaint within thirty days of the entry of this Order or else judgment will be entered against him and this action will be closed. Any amended complaint must correct the deficiencies noted in this Order or Plaintiff's claims may be dismissed with prejudice." (emt, )CERTIFICATE OF SERVICEParticipants regis tered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry

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Plaintiff: Thomas P. Kirsch
Represented By:	Charles H. Brower
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Defendant: LEI Floor And Window Coverings, Inc.
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