Kolbe v. NSR Marts, Inc.

Filing 27

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

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND HEATHER A. KOLBE, Plaintiff, * V. * Civil Action No. 23-1482-PJM NSR MARTS,INC., * Defendant. *** 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. ยง 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

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