Summary
finding timely a motion to amend a pleading filed on the last date permissible by the scheduling order
Summary of this case from Grubbs v. Sheakley Grp., Inc.Opinion
C-1-08-758.
June 25, 2009
ORDER
This matter is before the Court upon the Report and Recommendation of the United States Magistrate Judge (doc. no. 21) to which neither party has objected.
Upon a de novo review of the record, the Court finds that the Judge has accurately set forth the applicable law and has properly applied it to the particular facts of this case. Accordingly, in the absence of any objections, this Court accepts the Report as uncontroverted.
The Report and Recommendation of the United States Magistrate Judge (doc. no. 21) is hereby ADOPTED AND INCORPORATED HEREIN BY REFERENCE. Plaintiff's Motion for Leave to File an Amended Complaint (doc. no. 18) is GRANTED IN PART AND DENIED IN PART as follows: Plaintiff's Motion for Leave to File an Amended Complaint dismissing Counts I and III of the original Complaint and adding a disability discrimination claim under Ohio Rev. Code § 4112 is GRANTED; and Plaintiff's Motion for Leave to File an Amended Complaint to include a common law claim of Constructive Termination of Employment is DENIED.
This case is RECOMMITTED to the United States Magistrate for further proceedings according to law.