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16-1340 - Dighello v. Thurston Foods, Inc.


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16-1340 - Dighello v. Thurston Foods, Inc.
May 9, 2018
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RULING (see attached) granting in part and denying in part 16 Defendant's Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6). With respect to Plaintiff's Fifth and Sixth Counts under the Family and Medical Leave Act ("FMLA"), both counts are dismissed as to Plaintiff's alleged illness of "walking pneumonia and respiratory infection," but may proceed as to her alleged "serious health condition" of asthma. As to Plaintiff's claim for wrongful discharge in the Eighth Count, Defendant's motion to dismiss is denied. Signed by Judge Charles S. Haight, Jr. on May 9, 2018. (Dorais, L.)