Fernandez v. Beehive Beer Distributing Corp. et al

Filing 86

OPINION re: 81 MOTION to Dismiss First Counterclaim. filed by Dario Fernandez: Plaintiff Dario Fernandez moves to dismiss the defendant's First Counterclaim. Defendants Windmill Distributing Co. ("Windmill") seek to off set any damages award in an amount equal to the workers' compensation payments that Fernandez received during the time period relevant to his claim under the Family and Medical Leave Act ("FMLA"). For the reasons given above, the court denies plaintiff's motion to dismiss the defendant's counterclaim. This opinion resolves docket number 81. (Signed by Judge Thomas P. Griesa on 9/18/2017) (jwh)

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