Allen v. Michelin North American Inc - USA et al
Joyce M Allen |
Michelin North American Inc - USA, Michelin North American Inc - US2, Beacon Health Options Inc, Jack Ashton, Peter Selleck, Tamu McKinney and Lisa Snead |
6:2018cv00791 |
March 22, 2018 |
US District Court for the District of South Carolina |
Greenville Office |
Greenville |
Timothy M Cain |
Kevin McDonald |
Americans with Disabilities - Employment |
42 U.S.C. ยง 12117 |
Plaintiff |
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Filing 100 ORDER RULING ON REPORT AND RECOMMENDATION. The court ADOPTS the Report (ECF No. 89 ) as modified herein, incorporates the Report herein by reference, and GRANTS Michelin's motion for summary judgment (ECF No. 79 ). Signed by Honorable Timothy M Cain on 12/14/20. (kmca) |
Filing 35 ORDER RULING ON REPORT AND RECOMMENDATION 17 . After a careful and thorough review of the record under the appropriate standards, as set forth in this order, the court adopts the magistrate judges Report 30 , which is incor porated herein by reference. Accordingly, Defendant Michelin North American, Inc.'s Motion to Dismiss 17 is GRANTED in part, and Plaintiffs claims alleging failure to accommodate and hostile work environment in violation of the ADA and all c laims under Title VII and the ADEA are DISMISSED without prejudice for lack of subject matter jurisdiction. Additionally, because the parties agree to the dismissal of any state law claim for intentional infliction of emotional distress, such claims are now DISMISSED. As such, the only remaining claims in this case are those for violation of the ADA based on disability discrimination as to Michelins alleged failure to allow Plaintiff to return to work and as to the paperwork that Michelin allegedly submitted to the Social Security Administration Signed by Honorable Timothy M Cain on 9/11/2018. (kric, ) |
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