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Whittaker v. CCIS North of Philadelphia

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


April 22, 2010

HANIFA WHITTAKER, PLAINTIFF,
v.
CCIS NORTH OF PHILADELPHIA, DEFENDANT.

The opinion of the court was delivered by: Ronald L. Buckwalter, S.J.

ORDER

AND NOW, this 22nd day of April, 2010, upon consideration of Defendant CCIS North of Philadelphia's Motion to Dismiss the Amended Complaint in Part (Docket No. 3) and Plaintiff Hanifa Whittaker's Response (Docket No. 4), it is hereby ORDERED, as follows:

1. Plaintiff's claim under the Family Medical Leave Act, 29 U.S.C. § 2601, et seq., is DISMISSED WITH PREJUDICE in light of Plaintiff's request to voluntarily withdraw that cause of action;

2. The remainder of this case is REMANDED to the Court of Common Pleas for Philadelphia County, Pennsylvania; and

3. Defendant's Motion to Dismiss is DENIED WITHOUT PREJUDICE as moot in light of the remand.

It is so ORDERED.

20100422

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