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Kathleen Hofferica v. St. Mary Medical Center

September 20, 2011

KATHLEEN HOFFERICA
v.
ST. MARY MEDICAL CENTER



ORDER

AND NOW, this 20th day of September, 2011, upon consideration of plaintiff's amended complaint (docket entry #

10), defendant's motion to dismiss the amended complaint in part (docket entry # 12), plaintiff's response in opposition to defendant's motion (docket entry # 13), and defendant's reply in support of its motion (docket entry # 16), and in accordance with the accompanying Memorandum, it is hereby ORDERED that:

1. Defendant's motion to dismiss the amended complaint in part (docket entry # 12) is GRANTED IN PART;

2. Count II of the amended complaint is DISMISSED insofar as it asserts claims for interference with plaintiff's right to reinstatement under the Family Medical Leave Act; and

3. By October 4, 2011, plaintiff may SUBMIT a brief to the Court (not to exceed ten pages) that explains why she has succeeded in stating a claim for interference with her right to individualized notice under the Family Medical Leave Act.

BY THE COURT:

s\Stewart Dalzell

20110920

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