WOLOWITZ
v.
SEACREST SERVICES, INC.
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The District Court reviewed a Magistrate Judge's Report and Recommendation on a motion to dismiss in an employment discrimination case involving ADA reasonable accommodation claims. The court adopted the magistrate judge's recommendation to deny the defendant's motion to dismiss, with a clarification rejecting a categorical per se rule that ADA reasonable accommodation requirements automatically take precedence over company policies.
The District Court denied the Motion to Dismiss and adopted the Magistrate Judge's Report and Recommendation with one clarification: the court rejected any per se rule suggesting that the ADA's reasonable accommodation requirement automatically takes precedence over company internal policies, instead requiring an individualized assessment under the circumstances on a fulsome summary judgment record.
[1] A district court reviews de novo those portions of a magistrate judge's report to which a party objects.
[2] A district court may accept a magistrate judge's recommendation as to portions of a report to which no objection is made, provided there is no clear error on the face of…
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“To the extent the Report could be read to suggest that the ADA's reasonable accommodation requirement categorically takes precedence over a company's internal policies, the Court rejects any such per se rule in favor of an individualized assessment under the circumstances, and on a fulsome summary judgment record.”
Establishes the court's holding that ADA accommodation disputes require individualized case-by-case analysis rather than categorical rules favoring accommodation over all company policies.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePlaintiff Wolowitz filed a First Amended Complaint against Seacrest Services, Inc. involving allegations related to ADA reasonable accommodation. Defe…
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THIS CAUSE comes before the Court upon the Magistrate Judge's Report and Recommendation on Defendant's Motion to Dismiss First Amended Complaint (the “Report”) [ECF No. 15], issued on July 9, 2024. On July 9, 2024, following referral, Judge McCabe issued a Report recommending that Defendant's Motion to Dismiss be denied [ECF No. 15 pp. 1, 10]. Both parties filed a notice of no objection to the Report [ECF Nos. 16, 17].
To challenge the findings and recommendations of a magistrate judge, a party must file specific written objections identifying the portions of the proposed findings and recommendation to which objection is made. See Fed. R. Civ. P. 72(b)(3); Heath v. Jones, 863 F. 2d 815, 822 (11th Cir. 1989); Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). A district court reviews de novo those portions of the report to which objection is made and may accept, reject, or modify in whole or in part, the findings or recommendations made by the magistrate judge. 28 U.S.C. § 636(b)(1). To the extent a party fails to object to parts of the magistrate judge's report, the Court may accept the recommendation so long as there is no clear error on the face of the record. Macort, 208 F. App’x at 784. Legal conclusions are reviewed de novo, even in the absence
CASE NO. 24-80245-CIV-CANNON/McCabe
of an objection. See LeCroy v. McNeil, 397 F. App'x 554, 556 (11th Cir. 2010); Cooper-Houston v. S. Ry. Co., 37 F. 3d 603, 604 (11th Cir. 1994).
Following de novo review, the Court finds the Report to be well reasoned and correct. For the reasons set forth in the Report [ECF No. 15], it is hereby
ORDERED AND ADJUDGED as follows:
1. The Report and Recommendation [ECF No. 15] is ACCEPTED with one clarification to pages 8-9 of the Report. To the extent the Report could be read to suggest that the ADA's reasonable accommodation requirement categorically takes precedence over a company's internal policies, the Court rejects any such per se rule in favor of an individualized assessment under the circumstances, and on a fulsome summary judgment record.
2. The Motion [ECF No. 9] is DENIED.
3. On or before August 9, 2024, Defendant shall file an Answer to Plaintiff's First Amended Complaint [ECF No. 8].
DONE AND ORDERED in Chambers at Fort Pierce, Florida this 23rd day of July 2024.
AILEEN M. CANNON
UNITED STATES DISTRICT JUDGE
cc: counsel of record
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Authorities Cited
- Marina Cooper-Houston v. S. Ry. Co., 37 F.3d 603 (11th Cir. 1994)
- Heath v. Jones, 863 F.2d 815 (11th Cir. 1989)