Mack v. Herty Advanced Materials Development Center

Filing 45

ORDER granting in part and denying in part re 16 Motion to Dismiss Plaintiff's Complaint In Lieu of Answer. Specifically, Plaintiff's ADA claims against HAMDC are DISMISSED. Similarly, Plaintiff's FMLA claims, to the extent they aris e under the self-care provision, are DISMISSED. Plaintiff's claim that arises under the family-care provision remain pending. Plaintiff is DIRECTED to amend her complaint within thirty days from the date of this Order. Plaintiff is DIRECTED to serve a copy of the complaint and summons as required by the Federal Rules of Civil Procedure on the Chancellor of the Board. Signed by Judge William T. Moore, Jr on 12/19/19. (loh)

IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION

JILL E. MACK,

Plaintiff,
CASE NO. CV415-196

V.

BOARD OF REGENTS OF THE

UNIVERSITY SYSTEM OF GEORGIA,
Intervenor,
HERTY ADVANCED MATERIALS

DEVELOPMENT CENTER,
Defendant.

ORDER

Before

the

Court

is

Intervenor

Board

of

Regents ' of

the

University System of Georgia's (the "Board") Motion to Dismiss.
(Doc. 16.) For the following reasons, the Board's Motion to Dismiss
is GRANTED IN PART and DENIED IN PART.

BACKGROUND

On July 8, 2015, Plaintiff filed a complaint against Herty
Advanced Materials Development Center ("HAMDC"). (Doc. 1.) She
alleged that the entity had hired her in April of 2012 to act as
a quality control laboratory technician. (Id. at 5 6.) On August
15, 2013, Plaintiff took time off from work to care for her husband

pursuant to the Family Medical Leave Act, 29 U.S.C. §§ 2601-2654
("FMLA"). (Id. at SI 7.) Around the same time. Plaintiff informed