MERCER v. DIETZ & WATSON, INC.

Filing 16

MEMORANDUM OPINION ORDER THAT DEFENDANT'S MOTION TO DISMISS (DOC. NO. 6 ), IS GRANTED IN PART AND DENIED IN PART. TO THE EXTENT THE MOTION SEEKS TO DISMISS THE CLAIM FOR INTERFERENCE WITH THE PLAINTIFF'S RIGHTS UNDER THE FAMILY MEDICAL LEAVE ACT, IT IS GRANTED. THE INTERFERENCE CLAIM IN COUNT TWO OF THE COMPLAINT IS DISMISSED. IN ALL OTHER RESPECTS, THE MOTION IS DENIED. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 11/19/2015. 11/19/2015 ENTERED AND COPIES E-MAILED.(amas)

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

:
:
:
:
:

v.
DIETZ & WATSON, INC.

CIVIL ACTION

NO. 15-3928

ORDER
AND NOW, this 19th day of November, 2015, upon consideration of the Defendant’s
Motion to Dismiss Plaintiff’s Complaint (Document No. 6) and the plaintiff’s response, it is
ORDERED that the motion is GRANTED IN PART and DENIED IN PART.
IT IS FURTHER ORDERED as follows:
1.

To the extent the motion seeks to dismiss the claim for interference with the

plaintiff’s rights under the Family Medical Leave Act, it is GRANTED.
2.

The interference claim in count two of the Complaint is DISMISSED.

3.

In all other respects, the motion is DENIED.

/s/Timothy J. Savage
TIMOTHY J. SAVAGE, J.