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Treaster v. Conestoga Wood Specialties Corp.

June 25, 2010

TAMI TREASTER, PLAINTIFF,
v.
CONESTOGA WOOD SPECIALTIES CORP., DEFENDANTS.



The opinion of the court was delivered by: Hon. John E. Jones III

Hon. J. Andrew Smyser

MEMORANDUM AND ORDER

THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:

This matter is before the Court on the Report and Recommendation ("R&R") of Magistrate Judge J. Andrew Smyser (Doc. 50), filed on April 29, 2010, which recommends that we grant the Defendant Conestoga Wood Specialties Corp.'s ("Defendant" or "Conestoga") Motion for Summary Judgment (Doc. 26) with respect to eight of the ten claims asserted by Plaintiff Tami Treaster ("Plaintiff" or "Treaster").

Plaintiff filed objections to the R&R, arguing that summary judgment should not have been granted on her Family Medical Leave Act ("FMLA") interference claim. (Doc. 51). Defendant filed objections to the R&R, arguing that summary judgment should have been granted with respect to Plaintiff's Title VII retaliation claim and FMLA retaliation claim. (Doc. 52). Accordingly, this matter is ripe for disposition.

For the reasons set forth below, the Court will adopt the Magistrate Judge's R&R, overrule the parties' objections and grant the Defendant's Motion for Summary Judgment in part.

I. PROCEDURAL BACKGROUND

On April 7, 2009, Plaintiff commenced this action by filing a complaint against Defendant, her former employer. (Doc. 1). On October 1, 2009, Plaintiff filed an amended complaint containing ten counts. (Doc. 17). They are as follows:

(1) Count I - Title VII Hostile Work Environment Claim;

(2) Count II - Title VII Retaliation Claim;

(3) Count III - FMLA Interference Claim;

(4) Count IV - FMLA Retaliation Claim;

(5) Count V and VI - Disability Discrimination Claims under the Americans with ...


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