Miller v. Stratford House Retirement Community

Filing 21

ORDER granting and dismissing with prejudice 6 Motion to Dismiss Plaintiff's claim for workers' compensation benefits or damages for common law personal injury; granting with leave to amend Complaint within 21 days 6 Motion to Dismiss Plaintiff's claim for wrongful discharge. Signed by Judge Jackson L. Kiser on 4/24/12. (ham)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
DANVILLE DIVISION
CYNTHIA DENEE MILLER,
Plaintiff,
v.
STRATFORD HOUSE RETIREMENT
COMMUNITY,
Defendant.

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Case No. 4:12-cv-00006

ORDER

By: Jackson L. Kiser
Senior United States District Judge

For the reasons stated in the accompanying Memorandum Opinion, Defendant’s Motions
to Dismiss and Alternative Motion for a More Definite Statement is GRANTED as follows:
Defendant’s motion to dismiss Plaintiff’s claim for workers’ compensation benefits or damages
for common law personal injury pursuant to Rule 12(b)(1) is GRANTED, and that claim is
DISMISSED with prejudice; Defendant’s motion to dismiss Plaintiff’s claim for wrongful
discharge under the ADA pursuant to Rule 12(b)(6) is GRANTED WITH LEAVE TO
AMEND her Complaint within twenty-one (21) days from entry of this order.
The clerk is directed to send a copy of this Order to Plaintiff, pro se, and counsel for
Defendant.
Entered this 24th day of April, 2012.
s/Jackson L. Kiser
SENIOR UNITED STATES DISTRICT JUDGE