CORTAZZO v. CITY OF READING et al

Filing 39

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
_______________________________________
CHRISTOPHER CORTAZZO
Plaintiff,
v.

:
:
:
:
CITY OF READING and WILLIAM HEIM, :
Defendants.
:
_______________________________________

No. 5:14-cv-2513

ORDER
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:
1.
Defendants’ Motion to Dismiss, ECF No. 34, is GRANTED in part and
DENIED in part;
2.
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;
3.
The Motion to Dismiss the FMLA retaliation claim in Count II is granted and it is
dismissed with prejudice;
4.

The Motion to Dismiss the FMLA interference claim in Count II is denied;

5.
The Motion to Dismiss Chief Heim from the FMLA interference claim in Count
II is denied; 1 and
6.

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
1

As all remaining claims are dismissed with prejudice, the request to dismiss Chief Heim
from these claims is moot.