Adams v. Historic Abilene, Inc., 16-1057-JTM. (2016)
Court: District Court, D. Kansas
Number: infdco20160517a29
Visitors: 10
Filed: May 16, 2016
Latest Update: May 16, 2016
Summary: MEMORANDUM AND ORDER J. THOMAS MARTEN , District Judge . In light of the Amended Complaint filed April 11, 2016 (Dkt. 11), defendant's Motion to Dismiss is denied as moot. The Amended Complaint removes any ambiguity, to the extent such existed, with respect to plaintiff's Americans with Disabilities Act claim relating to the accomodations in "Old Abilene Town." Both complaints indicate that defendant Historic Abilene owns and operates "Old Abilene," though the Amended Complaint adds additio
Summary: MEMORANDUM AND ORDER J. THOMAS MARTEN , District Judge . In light of the Amended Complaint filed April 11, 2016 (Dkt. 11), defendant's Motion to Dismiss is denied as moot. The Amended Complaint removes any ambiguity, to the extent such existed, with respect to plaintiff's Americans with Disabilities Act claim relating to the accomodations in "Old Abilene Town." Both complaints indicate that defendant Historic Abilene owns and operates "Old Abilene," though the Amended Complaint adds addition..
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MEMORANDUM AND ORDER
J. THOMAS MARTEN, District Judge.
In light of the Amended Complaint filed April 11, 2016 (Dkt. 11), defendant's Motion to Dismiss is denied as moot. The Amended Complaint removes any ambiguity, to the extent such existed, with respect to plaintiff's Americans with Disabilities Act claim relating to the accomodations in "Old Abilene Town." Both complaints indicate that defendant Historic Abilene owns and operates "Old Abilene," though the Amended Complaint adds additional allegations. Further, defendant's conclusory argument regarding lack of service (Dkt. 7, at 2), is denied in light of plaintiff's showing (Dkt. 10, at 4) that it served the Registered Agent for Historic Abilene.
IT IS ACCORDINGLY ORDERED this 16th day of May, 2016, that the defendant's Motion to Dismiss (Dkt. 7) is hereby denied.
Source: Leagle
