Robinson v. T-Mobile et al

Filing 60

ORDER granting in part regarding plaintiff's claims for discrimination and denying in part regarding plaintiff's claims to the FMLA 49 Motion for Summary Judgment; denying 55 Motion to Strike. Order in reference to 59 Memorandum & Opinion. Signed by District Judge R Allan Edgar on 9/28/2009. (SAC)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE at CHATTANOOGA RACHEL ROBINSON, Plaintiff, v. T-MOBILE and T-MOBILE, USA, INC. Defendant. ) ) ) ) ) ) ) ) ORDER In accordance with the accompanying memorandum opinion, the motion for summary judgment filed by Defendants T-Mobile and T-Mobile, USA, Inc. [Court Doc. No. 49] is DENIED in part and GRANTED in part. Defendant's motion for summary judgment regarding Plaintiff's claims pursuant to the Family Medical Leave Act, 29 U.S.C. §§ 2601 et seq. ("FMLA") is DENIED. Defendant's motion for summary judgment regarding Plaintiff's claims for discrimination pursuant to the Tennessee Disability Act ("THA"), Tenn. Code Ann. §§ 8-50103 et seq. is GRANTED. Plaintiff's claim for discrimination pursuant to the THA against Defendant is DISMISSED WITH PREJUDICE. The parties should be prepared to proceed to trial regarding Plaintiff's retaliation and interference claims under the FMLA. SO ORDERED. ENTER this the 28th day of September, 2009.

No. 1:08-cv-143 Edgar

/s/ R. Allan Edgar R. ALLAN EDGAR UNITED STATES DISTRICT JUDGE