Murphy v. McLane Eastern, Inc. et al

Filing 19

ORDER (memorandum filed previously as separate docket entry), GRANTING in part 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Signed by Honorable James M. Munley on 2/28/17. (sm)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA ANTONIO MURPHY, Plaintiff : No. 3:16cv1055 : : (Judge Munley) v. : : McLANE EASTERN, INC. and : McLANE/EASTERN, INC. : t/d/b/a McLANE PA, : Defendants : ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ORDER AND NOW, to wit, this 28th day of February 2017, defendants’ motion to dismiss (Doc. 9) is hereby GRANTED in part and DENIED in part as follows: 1. The motion is GRANTED with respect to plaintiff’s Family and Medical Leave Act interference claim, and this claim is DISMISSED without prejudice. Plaintiff may file an amended complaint within fourteen (14) days from the date of this order to correct the defects set forth in the accompanying memorandum pertaining to this claim; 2. The motion is DENIED in all other respects; and 3. Defendants’ shall file a responsive pleading fourteen (14) days from the date that plaintiff files an amended complaint or twenty-one (21) days from the date of this order in the event plaintiff does not file an amended complaint. BY THE COURT: s/ James M. Munley JUDGE JAMES M. MUNLEY United States District Court

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