Murray v. Pico Enterprises, Inc.

Filing 18

ORDER Granting in Part and Denying in Part Defendant's 13 Motion to Dismiss. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
KATHLEEN MURRAY,
Plaintiff,

Case No. 16-cv-14477
Hon. Matthew F. Leitman

v.
PICO ENTERPRISES, INC.,
Defendant.
___________________________________/
ORDER GRANTING IN PART AND DENYING IN PART
DEFENDANT’S MOTION TO DISMISS (ECF #13)
On December 28, 2016, Plaintiff Kathleen Murray filed this employment
discrimination suit against Defendant PICO Enterprises, Inc. (See Compl., ECF #1.)
The claims in the Complaint are as follows:
 Count I alleges age discrimination in violation of the Age
Discrimination in Employment Act, 29 U.S.C. § 621 et seq.;
 Count II alleges age discrimination in violation of the Michigan
Elliot-Larsen Civil Rights Act, MCL § 37.2701, et seq.;
 Count III alleges sex discrimination in violation of Title VII of
the Civil Rights Act of 1964, 42 U.S.C. §2000(e), et seq.
 Count IV alleges sex discrimination in violation of the Michigan
Elliot-Larsen Civil Rights Act, MCL § 37.2701, et seq.
(See id.)
On February 22, 2017, PICO Enterprises moved to dismiss the Complaint in
part (the “Motion”). (See ECF #13.) The Court held a hearing on the Motion on July
10, 2017. For the reasons stated on the record at that hearing, the Motion is
GRANTED IN PART and DENIED IN PART.
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The Motion (ECF #13) is

GRANTED with respect to Counts I, II, and IV of the Complaint, and the claims
therein are DISMISSED WITH PREJUDICE.

The Motion is DENIED with

respect to Count III, and that count remains in its entirety.
IT IS SO ORDERED.

s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: July 10, 2017

I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on July 10, 2017, by electronic means and/or
ordinary mail.
s/Holly A. Monda
Case Manager
[phone]

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