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12-2171 - Smith v. Birmingham, City of


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12-2171 - Smith v. Birmingham, City of
January 8, 2014
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MEMORANDUM OPINION AND ORDER For the reasons stated within, the City's motion for summary judgment, 13, on Smith's claims for FMLA retaliation and declaratory relief based on the City's leave of absence policy is GRANTED. The motion is DENIED in all other respects. Accordingly, Smith's claims for retaliation are DISMISSED with prejudice, and her claims for declaratory relief are DISMISSED without prejudice for lack of standing. Accordingly, this matter is set for a pretrial conference at 3:15 p.m. on February 13, 2014, and for trial at 9:00 a.m. on March 24, 2014, both at the Hugo L. Black U.S. Courthouse in Birmingham, Alabama. Signed by Judge Abdul K Kallon on 1/8/2014. (PSM)