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)
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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