May 13, 2015
NATHAN YOUNG, Plaintiff,
TOWN OF BAR HARBOR, Defendant
ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
George Z. Singal United States District Judge
No objections having been filed to the Magistrate Judge's Recommended Decision (ECF No. 38) filed April 23, 2015, the Recommended Decision is AFFIRMED.
Accordingly, it is ORDERED that Defendant’s Motion to Dismiss (ECF No. 25) is GRANTED IN PART in that Count I of the Amended Complaint (due process) is dismissed and that Count V (ADA) and Count VI (MHRA) of the Amended Complaint are dismissed for Plaintiff’s failure to accommodate. It is ORDERED that Defendant’s Motion is otherwise DENIED.
Finally, it is ORDERED that Plaintiff’s Motion for Trial on the Facts (ECF No. 28) is GRANTED.