IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:24-CV-367-D

GARY GAYHART, ) Plaintiff, v. ORDER PEPSI BOTTLING VENTURES, LLC Defendant.

The court has reviewed plaintiff's amended complaint [D.E. 15] and defendant’s motion to dismiss for failure to state a claim [D.E. 17] under the governing standard. See Fed. R. Civ. P. 12(b)(6); Ashcroft v. Iqbal,

(2009); Bell Atl. Corp. v. Twombly,

(2007). The court DENIES defendant's motion to dismiss [D.E. 17]. The court DENIES AS MOOT defendant’s motion to dismiss plaintiff's complaint [D.E. 10]. Whether plaintiff's claims of disability discrimination, failure to accommodate, and retaliation under the Americans with Disabilities Act and his two claims under North Carolina law will survive a motion summary judgment is an issue for another day. The amended complaint does netconain a hostile work environment claim. Cf. [D.E. 23] 17-19.

SO ORDERED. This _1_ day of April, 2025. . _— Dd aw ate C. DEVER Il United States District Judge