SMITH v. BELLSOUTH TELECOMMUNICATIONS INC

Filing 13

ORDER granting 8 Motion to Strike; denying as moot 12 Motion for Extension of Time to File Response/Reply. Pursuant to Fed. R. Civ. P. 12(f), any references to damages for emotional distress, humiliation, mental anguish, and punitive damages are stricken from the complaint as immaterial. Signed by JUDGE RICHARD SMOAK on 6/8/2011. (jem)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
ANTHONY SMITH,
Plaintiff,
vs.

CASE NO. 3-10-cv-546/RS-EMT

BELLSOUTH TELECOMMUNICATIONS
INC.,
Defendant.
_________________________________________/
ORDER
Before me are Defendant’s Motion and Incorporated Memorandum of Law to
Strike Plaintiff’s Request for Emotional Damages (Doc. 8) and Plaintiff’s Motion for
Extension of Time to File Response (Doc. 12),
Plaintiff has filed a one-count Complaint (Doc. 1) alleging retaliation under the
Family and Medical Leave Act, 29 U.S.C. § 2601 et seq.

Plaintiff, in part, seeks

compensatory damages for “his emotional distress [and] humiliation.”
The FMLA provides that employers are liable for damages equal to the amount of
“any wages, salary, employment benefits, or other compensation denied or lost” to an
employee because of a violation. 29 U.S.C. § 2617(a)(1)(A). “The FMLA does not
allow recovery for mental distress.” Graham v. State Farm Mut. Ins. Co., 193 F.3d 1274,
1284 (11th Cir. 1999). Accord Rodgers v. City of Des Moines, 435 F.3d 904 (8th Cir.
2006) (citing agreement with the Fourth, Fifth, Tenth, and Eleventh Circuits). It also
does not allow for punitive damages. Andrews v. CSX Transp., Inc., 2009 U.S. Dist.

LEXIS 119155 (M.D. Fla. 2009) (citations omitted).

IT IS ORERED:
1. Defendant’s Motion to Strike (Doc. 8) is GRANTED.
2. Pursuant to Fed. R. Civ. P. 12(f), any references to damages for emotional distress,
humiliation, mental anguish, and punitive damages are stricken from the complaint
as immaterial.
3. Plaintiff’s Motion for Extension of Time (Doc. 12) is DENIED as moot.

ORDERED on June 8, 2011.
/S/ Richard Smoak
RICHARD SMOAK
UNITED STATES DISTRICT JUDGE