LOOPER v. SALEM HOSPITAL, INC., 14-1343-JWL. (2014)
Court: District Court, D. Kansas
Number: infdco20141209856
Visitors: 5
Filed: Dec. 08, 2014
Latest Update: Dec. 08, 2014
Summary: MEMORANDUM & ORDER JOHN W. LUNGSTRUM, District Judge. Plaintiff filed suit against her former employer alleging violations of the Family and Medical Leave Act, 29 U.S.C. 2601 et seq., and Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. In Count II of her complaint, plaintiff alleged retaliation under Title VII based on activity protected by the FMLA. Defendant moved to dismiss Count II of the complaint on the grounds that plaintiff failed to exhaust her administrative r
Summary: MEMORANDUM & ORDER JOHN W. LUNGSTRUM, District Judge. Plaintiff filed suit against her former employer alleging violations of the Family and Medical Leave Act, 29 U.S.C. 2601 et seq., and Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. In Count II of her complaint, plaintiff alleged retaliation under Title VII based on activity protected by the FMLA. Defendant moved to dismiss Count II of the complaint on the grounds that plaintiff failed to exhaust her administrative re..
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MEMORANDUM & ORDER
JOHN W. LUNGSTRUM, District Judge.
Plaintiff filed suit against her former employer alleging violations of the Family and Medical Leave Act, 29 U.S.C. § 2601 et seq., and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. In Count II of her complaint, plaintiff alleged retaliation under Title VII based on activity protected by the FMLA. Defendant moved to dismiss Count II of the complaint on the grounds that plaintiff failed to exhaust her administrative remedies with respect to that claim and, in any event, Title VII does not provide a cause of action for allegations of retaliation related to FMLA leave. In lieu of filing a response to the motion, plaintiff has filed an amended complaint that removes Count II entirely from the suit. For this reason, defendant's motion to dismiss is now moot.
IT IS THEREFORE ORDERED BY THE COURT THAT the defendant's motion to dismiss Count Two of plaintiff's complaint (doc. 4) is denied as moot.
IT IS SO ORDERED.
Source: Leagle
