KILLINGER v. GRANITE BAY CARE INC

Filing 28

REPORT OF PRE-FILING CONFERENCE UNDER LOCAL RULE 56 - By JUDGE D. BROCK HORNBY. (mnw)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
LEAH KILLINGER,

ET AL.,

PLAINTIFFS
v.

GRANITE BAY CARE, INC.,
DEFENDANT

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CIVIL NO. 2:12-CV-162-DBH
CONSOLIDATED WITH
CIVIL NO. 2:12-CV-356-DBH
AND
CIVIL NO. 2:13-CV-008-DBH

REPORT OF PRE-FILING CONFERENCE UNDER LOCAL RULE 56
A pre-trial filing conference was held on June 26, 2013.
The defendant stated that it would not file for summary judgment on the
plaintiffs’ pregnancy discrimination claims, but may file a motion on the federal
Family and Medical Leave Act claims of plaintiffs Isman and Killinger and
Isman’s Maine Family and Medical Leave Act claim.1
The plaintiffs stated that they are proceeding on their FMLA claims only
under a retaliation theory.
The parties requested a settlement conference with a magistrate judge to
be held in Portland. If settlement is not achieved, the defendant will notify the
court whether it intends to file summary judgment on the FMLA claims within
seven (7) days after the settlement conference. If the defendant chooses to file

Killinger’s Maine Family Medical Leave Act claim was dismissed by agreement of the parties.
Endorsement Order Granting Defendant’s Motion to Dismiss Count II (ECF No. 9).
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for summary judgment, its motion shall be filed within fourteen (14) days after
its notice of intent to file summary judgment. The parties responses and reply
shall be filed pursuant to Local Rule 7.
SO ORDERED.
DATED THIS 26TH DAY OF JUNE, 2013
/S/D. BROCK HORNBY
D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE

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