SANTIAGO v. ST. MARY MEDICAL CENTER

Filing 35

ORDER THAT DEFENDANT'S MOTION TO DISMISS COUNTS III AND IV OF THE SECOND AMENDED COMPLAINT (ECF DOC. NO. 23 ) IS GRANTED IN PART AND DENIED IN PART: DEFENDANT'S MOTION IS GRANTED AS TO PLAINTIFFS FMLA INTERFERENCE CLAIM AND COUNT III IS D ISMISSED WITH PREJUDICE; DEFENDANT'S MOTION IS GRANTED AS TO ANY FMLA RETALIATION CLAIM RELATING TO THE 2014 TERMINATION AND DENIED AS TO THE OTHER TWO FMLA RETALIATION CLAIMS PLEAD IN 37-138 OF THE SECOND AMENDED COMPLAINT; AND DEFENDANT SHALL ANSWER THE SECOND AMENDED COMPLAINT NO LATER THAN NOVEMBER 16, 2015. SIGNED BY HONORABLE MARK A. KEARNEY ON 11/5/15. 11/5/15 ENTERED AND COPIES E-MAILED. (va, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

DORIAN SANTIAGO

CIVIL ACTION

v.
NO. 15-2212
ST. MARY MEDICAL CENTER

ORDER
AND NOW, this 5th day of November 2015, upon consideration of Defendant's Motion

to Dismiss Counts III and IV of the Second Amended Complaint (ECF Doc. No. 23), Plaintiffs
Opposition (ECF Doc. No. 27), Defendant's Reply (ECF Doc. No. 28) and for reasons in the
accompanying Memorandum, it is ORDERED Defendant's Motion (ECF Doc. No. 23) is
GRANTED in part and DENIED in part:

1.

Defendant's Motion is GRANTED as to Plaintiffs FMLA interference claim and

Count III is dismissed with prejudice;
2.

Defendant's Motion is GRANTED as to any FMLA retaliation claim relating to

the 2014 termination and DENIED as to the other two FMLA retaliation claims plead in 1111137138 of the Second Amended Complaint; and,
3.
16, 2015.

Defendant shall answer the Second Amended Complaint no later than November