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Pinegar v. Shinseki

March 10, 2010

ELIZABETH PINEGAR, PLAINTIFF
v.
ERIC K. SHINSEKI, DEFENDANT



The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 10th day of March, 2010, upon consideration of plaintiff's motion in limine (Doc. 59), wherein plaintiff requests an order declaring that the amendments made by the ADA Amendments Act ("ADAAA") of 2008 shall be applied to plaintiff's complaint,*fn1 or at least to her claims for such prospective relief as reinstatement and reasonable accommodation,*fn2 and upon further consideration of defendant's opposition (Doc. 67) to plaintiff's motion, wherein defendant argues that Congress did not intend the ADAAA to apply retroactively and that a retroactive application of the amendments would be manifestly unjust, and the court concluding that it should not give the amendments contained in the ADAAA retrospective effect in this case,*fn3 it is hereby ORDERED that plaintiff's motion (Doc. 59) is DENIED.

CHRISTOPHER C. CONNER United States ...


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