Opinion
4:23cv1132
03-26-2024
ORDER
Munley Judge
AND NOW, this 26th day of March 2024, for the reasons set forth in the 1 accompanying memorandum, it is hereby ORDERED as follows:
1) Defendant Larson Design Group, Inc.'s motion to dismiss (Doc. 15) is GRANTED in part and DENIED in part;
2) Defendant's motion to dismiss plaintiff's requests for compensatory damages in Count III and Count VI of the amended complaint will be GRANTED as unopposed;
3) Defendant's motion to dismiss Count III of the amended complaint is otherwise DENIED; and
4) Defendant's motion to dismiss Counts IV and V of the amended complaint is GRANTED. Counts IV and V are DISMISSED without prejudice. Plaintiff may file a second amended complaint asserting any additional facts regarding administrative exhaustion within twenty (20) days of the date of this order.