Adams v. Historic Abilene, Inc.

Full title: Guadalupe Adams, Plaintiff, v. Historic Abilene, Inc., Defendant.

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

Date published: May 16, 2016

Case No. 16-1057-JTM (D. Kan. May. 16, 2016)

Opinion

Case No. 16-1057-JTM

05-16-2016

Guadalupe Adams, Plaintiff, v. Historic Abilene, Inc., Defendant.

J. THOMAS MARTEN, JUDGE

MEMORANDUM AND ORDER

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 16^th day of May, 2016, that the defendant's Motion to Dismiss (Dkt. 7) is hereby denied.

s/ J. Thomas Marten

J. THOMAS MARTEN, JUDGE