Opinion
No. CV-10-1803-PHX-DGC.
May 25, 2011
ORDER
Plaintiff's complaint asserts a violation of the American with Disabilities Act. Doc. 1. Defendants have moved to dismiss the complaint for failure to state a claim to relief. Doc. 20. Plaintiff concedes that her ADA claim fails as a matter of law, but seeks leave to amend to assert a claim under the Rehabilitation Act. Doc. 22. Defendants do not oppose the proposed amendment. Doc. 23.
IT IS THEREFORE ORDERED:
1. Defendants' motion to dismiss (Doc. 20) is granted. The complaint (Doc. 1) is dismissed without prejudice.
2. Plaintiff's motion for leave to file an amended complaint (Doc. 22) is granted. Plaintiff shall file the proposed amended complaint (Doc. 22-1) by May 31, 2011.
3. Defendants shall answer or otherwise respond to the amended complaint within 14 days after its service. See Fed.R.Civ.P. 15(a)(3).