Holmes v. Alive Hospice, Inc.

Filing 79

ORDER: For the reasons set forth in the accompanying memorandum, Defendant's Motion for Summary Judgment as to Plaintiff's Complaint 38 is hereby GRANTED in part and DENIED in part. Signed by Chief Judge Kevin H. Sharp on 2/3/15. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
MARTHA HOLMES,

Plaintiff,
v.
ALIVE HOSPICE, INC.
Defendant.

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Civil No. 3:11-cv-0594
Judge Sharp

Order
For the reasons set forth in the accompanying memorandum, Defendant’s Motion for
Summary Judgment as to Plaintiff’s Complaint (Docket No. 38) is hereby GRANTED in part
and DENIED in part as follows:
(1) With respect to Plaintiff’s ADA Disability Discrimination claim, the motion is
GRANTED.
(2) With respect to Plaintiff’s ADA Retaliation claim, the motion is GRANTED.
(3) With respect to Plaintiff’s FMLA Interference Claim, the motion is GRANTED.
(4) With respect to Plaintiff’s FMLA Retaliation claim, the motion is DENIED as to
Plaintiff’s claim that her demotion and termination constituted retaliation, and
GRANTED as to Plaintiff’s claim that Defendant’s failure to hire her for the position
of authorization nurse coordinator constituted retaliation.

It is SO ORDERED.

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KEVIN H. SHARP
UNITED STATES DISTRICT JUDGE