HOFFERICA v. ST. MARY MEDICAL CENTER

Filing 18

ORDER THAT DEFENDANT'S MOTION TO DISMISS THE AMENDED COMPLAINT IS GRANTED IN PART. SIGNED BY HONORABLE STEWART DALZELL ON 9/20/11. 9/20/11 ENTERED AND COPIES E-MAILED.(mbh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
KATHLEEN HOFFERICA
v.
ST. MARY MEDICAL CENTER

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CIVIL ACTION

NO. 10-6026

ORDER
AND NOW, this 20th day of September, 2011, upon
consideration of plaintiff’s amended complaint (docket entry #
10), defendant’s motion to dismiss the amended complaint in part
(docket entry # 12), plaintiff’s response in opposition to
defendant’s motion (docket entry # 13), and defendant’s reply in
support of its motion (docket entry # 16), and in accordance with
the accompanying Memorandum, it is hereby ORDERED that:
1.

Defendant’s motion to dismiss the amended

complaint in part (docket entry # 12) is GRANTED IN PART;
2.

Count II of the amended complaint is DISMISSED

insofar as it asserts claims for interference with plaintiff’s
right to reinstatement under the Family Medical Leave Act; and
3.

By October 4, 2011, plaintiff may SUBMIT a brief

to the Court (not to exceed ten pages) that explains why she has

succeeded in stating a claim for interference with her right to
individualized notice under the Family Medical Leave Act.

BY THE COURT:
__\s\Stewart Dalzell

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