OPINION & ORDER
BESOSA, District Judge.
On December 12, 2007, plaintiff Rafael Antonio Fournier ("Fournier") filed an amended complaint against defendant Payco Foods Corporation ("Payco") (Docket No. 30). In his amended complaint, Fournier alleged that Payco discriminated against him on the basis of his disability in violation of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq.
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