CORTAZZO v. CITY OF READING et al
ORDER THAT DEFENDANTS' MOTION TO DISMISS, ECF NO. 34, IS GRANTED IN PART AND DENIED IN PART, ETC. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 3/14/2016. 3/15/2016 ENTERED AND COPIES E-MAILED.(lbs, )
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
CITY OF READING and WILLIAM HEIM, :
Defendants’ Motion to Dismiss, ECF No. 34- Granted in Part & Denied in Part
AND NOW, this 14th day of March, 2016, for the reasons set forth in the Memorandum
issued this date, IT IS HEREBY ORDERED THAT:
Defendants’ Motion to Dismiss, ECF No. 34, is GRANTED in part and
DENIED in part;
The Motion to Dismiss Count I, asserting claims for disparate treatment and
retaliation in violation of Section 504 of the Rehabilitation Act, is granted and Count I is
dismissed with prejudice in its entirety;
The Motion to Dismiss the FMLA retaliation claim in Count II is granted and it is
dismissed with prejudice;
The Motion to Dismiss the FMLA interference claim in Count II is denied;
The Motion to Dismiss Chief Heim from the FMLA interference claim in Count
II is denied; 1 and
The Motion to Dismiss the request for punitive damages is granted.
BY THE COURT:
/s/ Joseph F. Leeson, Jr.__________
JOSEPH F. LEESON, JR.
United States District Judge
As all remaining claims are dismissed with prejudice, the request to dismiss Chief Heim
from these claims is moot.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?