United States Government Publishing Office publisher pbl distributor dst United States United States District Court Northern District of Georgia author aut Government Organization text government publication eng USCOURTS Judicial Publications judicial 2026-04-02 Administrative Office of the United States Courts 2026-03-31 monographic deposited born digital 32 digital object pages JU 4.15 https://www.govinfo.gov/app/details/USCOURTS-gand-1_24-cv-05827 P0b002ee1e0398d1d DGPO 2026-04-02 2026-04-02 USCOURTS-gand-1_24-cv-05827 machine generated eng fdlp USCOURTS USCOURTS-gand-1_24-cv-05827 District gand 11th Georgia 2122 1:24-cv-05827 Atlanta civil 445 Americans with Disabilities Act - Employment 42:12101 et seq. Americans with Disabilities Act of 1990 1:24-cv-05827 https://www.govinfo.gov/app/details/USCOURTS-gand-1_24-cv-05827 JU 4.15 1:24-cv-05827;24-5827 United States District Court Northern District of Georgia 11th Circuit Atlanta U.S. Courts author aut Courtney Davis Davis Courtney Plaintiff Delta Air Lines Inc. Delta Air Lines Inc. Defendant Delta Air Lines, Inc. Delta Air Lines, Inc. Defendant The Vanguard Group The Vanguard Group Defendant USCOURTS USCOURTS-gand-1_24-cv-05827 District gand 11th Georgia 2122 1:24-cv-05827 Atlanta civil 445 Americans with Disabilities Act - Employment 42:12101 et seq. Americans with Disabilities Act of 1990 Georgia NON-FINAL REPORT AND RECOMMENDATION re 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. It is RECOMMENDED that Delta's partial motion to dismiss [Doc. 14] be GRANTED, that Davis's Title VII claims and state-law claims for negligence and intentional infliction of emotional distress be DISMISSED, and that Davis's ADA claims be DISMISSED to the extent they are based on actions that occurred before December 2, 2023. Davis's ADA claims based on actions allegedly occurring on or after December 2, 2023 should be ALLOWED TO PROCEED. Signed by Magistrate Judge John K. Larkins, III on 10/9/2025. (cpp) 0 2025-10-09 D09002ee1e03c6271 https://www.govinfo.gov/app/details/USCOURTS-gand-1_24-cv-05827/USCOURTS-gand-1_24-cv-05827-0 gand-1_24-cv-05827_0.pdf https://www.govinfo.gov/app/details/USCOURTS-gand-1_24-cv-05827/USCOURTS-gand-1_24-cv-05827-0 https://www.govinfo.gov/content/pkg/USCOURTS-gand-1_24-cv-05827/pdf/USCOURTS-gand-1_24-cv-05827-0.pdf USCOURTS 1:24-cv-05827; Davis v. Delta Air Lines, Inc.; United States District Court Northern District of Georgia Georgia USCOURTS-gand-1_24-cv-05827-0 0 2025-10-09 NON-FINAL REPORT AND RECOMMENDATION re 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. It is RECOMMENDED that Delta's partial motion to dismiss [Doc. 14] be GRANTED, that Davis's Title VII claims and state-law claims for negligence and intentional infliction of emotional distress be DISMISSED, and that Davis's ADA claims be DISMISSED to the extent they are based on actions that occurred before December 2, 2023. Davis's ADA claims based on actions allegedly occurring on or after December 2, 2023 should be ALLOWED TO PROCEED. Signed by Magistrate Judge John K. Larkins, III on 10/9/2025. (cpp) OPINION AND ORDER. Davis's objections to the R&R 28 are OVERRULED, and undersigned ADOPTS the R&R 26 as the Order of this Court. Delta's partial motion to dismiss 14 is GRANTED. Davis's Title VII claims and state-law claims for negligence and IIED are DISMISSED with prejudice. Davis's ADA claims are DISMISSED with prejudice to the extent that they are based on actions that occurred before December 2, 2023. Davis's ADA claims based on actions allegedly occurring on or after December 2, 2023 are allowed to proceed. Delta is ORDERED to file its answer to the remaining claims in the FAC within 14 days of this Order. The Clerk is DIRECTED to re-submit this case to Judge Larkins for further proceedings. Signed by Judge Steven D. Grimberg on 3/31/2026. (bgt) Modified docket text on 4/1/2026 (bgt). 1 2026-03-31 D09002ee1e03c6270 https://www.govinfo.gov/app/details/USCOURTS-gand-1_24-cv-05827/USCOURTS-gand-1_24-cv-05827-1 gand-1_24-cv-05827_1.pdf https://www.govinfo.gov/app/details/USCOURTS-gand-1_24-cv-05827/USCOURTS-gand-1_24-cv-05827-1 https://www.govinfo.gov/content/pkg/USCOURTS-gand-1_24-cv-05827/pdf/USCOURTS-gand-1_24-cv-05827-1.pdf USCOURTS 1:24-cv-05827; Davis v. Delta Air Lines, Inc.; United States District Court Northern District of Georgia Georgia USCOURTS-gand-1_24-cv-05827-1 1 2026-03-31 OPINION AND ORDER. Davis's objections to the R&R 28 are OVERRULED, and undersigned ADOPTS the R&R 26 as the Order of this Court. Delta's partial motion to dismiss 14 is GRANTED. Davis's Title VII claims and state-law claims for negligence and IIED are DISMISSED with prejudice. Davis's ADA claims are DISMISSED with prejudice to the extent that they are based on actions that occurred before December 2, 2023. Davis's ADA claims based on actions allegedly occurring on or after December 2, 2023 are allowed to proceed. Delta is ORDERED to file its answer to the remaining claims in the FAC within 14 days of this Order. The Clerk is DIRECTED to re-submit this case to Judge Larkins for further proceedings. Signed by Judge Steven D. Grimberg on 3/31/2026. (bgt) Modified docket text on 4/1/2026 (bgt).