Carvalho v. Jassas Capital, LLC

Filing 48

ORDER granting 43 Defendant's Motion for Partial Summary Judgment as to Count I. Judgment is granted in Defendant's favor as to Count I. Defendant's request for attorney's fees and costs as to Count I is denied without prejudice. Signed by Judge Sheri Polster Chappell on 1/9/2018. (LMF)

Download PDF
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION BRITTANY CARVALHO, Plaintiff, v. Case No: 2:17-cv-362-FtM-99CM HOSPMAN, LLC, Defendant. / ORDER1 This matter comes before the Court on Defendant’s Motion for Partial Summary Judgment as to Count I (Doc. 43) filed on December 12, 2017. Plaintiff filed a Response (Doc. 47) on January 8, 2018. Plaintiff is currently proceeding on a two-count Amended Complaint. (Doc. 19). Defendant seeks summary judgment as to Count I, which alleges violations of the Pregnancy Discrimination Act of 1978. Plaintiff does not oppose the request for the entry of judgment as to Count I, but does contest Defendant’s request for attorney’s fees and costs at this time because the case remains ongoing as to Count II, which alleges violations of the Family Medical Leave Act. Having reviewed the filings and given Plaintiff’s non-opposition, the Court will grant Defendant’s request for judgment in its favor as to Count I. Because this case remains ongoing as to Count II, the Court will delay the entry of judgment as to Count I until the conclusion of the case. The Court agrees that any request for attorney’s fees and costs 1 Disclaimer: Users are cautioned that hyperlinked documents in CM/ECF are subject to PACER fees. at this juncture is premature. Defendant may renew such a request at the conclusion of the case. Accordingly, it is now ORDERED: (1) Defendant’s Motion for Partial Summary Judgment as to Count I (Doc. 43) is GRANTED. Judgment is granted in Defendant’s favor as to Count I. (2) Defendant’s request for attorney’s fees and costs as to Count I is denied without prejudice. DONE and ORDERED in Fort Myers, Florida this 9th day of January, 2018. Copies: All Parties of Record 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?