Where an employee alleged her former employer violated the Americans with Disabilities Act, or ADA, but she was not disabled, failed to exhaust her retaliation claim and her remaining ADA claims were not plausible, her suit was dismissed.

Background

Danielle Taylor alleges six counts against Revature LLC, her former employer, pursuant to the ADA: (1) discriminatory discharge; (2) failure to accommodate; (3) retaliation; (4) hostile environment; (5) confidentiality and (6) an interference. Defendant has filed a motion to dismiss.

Initial matters

Defendants argue that plaintiff’s additional amendment to add a seventh claim should be stricken because she failed to obtain defendant’s consent and the court did not grant leave to amend. The court agrees. As plaintiff has not received leave of court to file an amendment and defendant did not consent, plaintiff’s amendment is improper and will be stricken. Plaintiff also did not obtain leave of court to file her second surreply as required by the local rules. As such, the court grants defendant’s motion to strike the second surreply.

Plaintiff asks to strike defendant’s motion to dismiss the interference claim and motion to strike. Even if a motion to strike could be addressed to a motion to dismiss or motion to strike, plaintiff has not made a showing that the facts or issues raised in those motions are “outside the issues in the case, prejudicial to Plaintiff, or otherwise inappropriate.”

Analysis

For an ADA claim to survive a...

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