Kolbe v. NSR Marts, Inc.

Filing 27

MEMORANDUM OPINION. Signed by Judge Peter J. Messitte on 2/7/2024. (mg3s, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MARYLAND

HEATHER A. KOLBE,

Plaintiff,

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V.

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Civil Action No. 23-1482-PJM

NSR MARTS,INC.,
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Defendant.
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MEMORANDUM OPINION

Heather A. Kolbe has filed suit against NSR Mart, Inc.("NSR"), for alleged violations of
the Family Medical Leave Act, 9 U.S.C. § 2601, et seq., and for intentional infliction of emotional
distress. EOF No. 2. On September 6, 2023, the Court granted NSR's prior Motion to Dismiss

Kolbe's Complaint. See ECF Nos. 14, 15. The Court dismissed most of Kolbe's claims with
prejudice, ECF No. 14 at 13-14, but dismissed without prejudice her FMLA claim to the extent that
it was arguably premised on NSR's alleged misrepresentations about whether her leave would
extend beyond the statutory twelve-week period under the Act. See id. at 8-9. The Court gave

Kolbe twenty days to file an Amended Complaint to plead further'details with respect to this alleged
FMLA interference.

Kolbe has timely filed an Amended Complaint(ECF No. 19), to which NSR has responded
with a new Motion-to Dismiss(ECF No. 20). Kolbe filed an untimely opposition to NSR's Motion

to Dismiss(ECF No. 22), which NSR has moved to strike(ECF No. 25).

Based on the parties' submissions (ECF Nos. 20, 22, 25, 26), the Court finds no hearing
necessary. See D. Md. Local R. 105.6. For the reasons that follow, the Court DENIES NSR's