Perrymond v. Lockheed Martin Corporation et al

Filing 67

ORDER adopting 55 Report and Recommendations, granting in part and denying in part 26 Motion to Dismiss, granting in part and denying in part 31 Motion for Judgment on the Pleadings, granting 41 Motion to Dismiss. Signed by Judge Thomas W. Thrash, Jr on 3/9/10. (dr)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION MARNIESHEIA PERRYMOND, Plaintiff, v. LOCKHEED MARTIN CORPORATION doing business as Lockheed Martin Aeronautics Co., et al., Defendants. ORDER This is an employment discrimination action. It is before the Court on the Report and Recommendation [Doc. 55] of the Magistrate Judge recommending granting in part and denying in part the Defendant Global Contract Professionals' Motion to Dismiss [Doc. 26], granting in part and denying in part the Defendant Lockheed Martin's Motion for Partial Judgment on the Pleadings [Doc. 31] and granting the Joint Motion to Dismiss State Law Claims [Doc. 41]. The Court declines to adopt that portion of the Report and Recommendation granting the Defendant Global Contract Professionals' Motion to Dismiss as to the claim for willful FMLA retaliation. Rule 9 allows state of mind to be alleged generally and the Plaintiff has
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CIVIL ACTION FILE NO. 1:09-CV-1936-TWT

done that. Otherwise, the Court approves and adopts the Report and Recommendation [Doc. 55] as the judgment of the Court. The Defendant Global Contract

Professionals' Motion to Dismiss [Doc. 26] is granted in part and denied in part. The Defendant Lockheed Martin's Motion for Partial Judgment on the Pleadings [Doc. 31] is granted in part and denied in Part. The Joint Motion to Dismiss State Law Claims [Doc. 41] is granted. SO ORDERED, this 9 day of March, 2010.

/s/Thomas W. Thrash THOMAS W. THRASH, JR. United States District Judge

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