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06-1597 - FLEECE v. BFS DIVERSIFIED PRODUCTS, LLC


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06-1597 - FLEECE v. BFS DIVERSIFIED PRODUCTS, LLC
May 2, 2008
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ENTRY denying 36 Motion for Summary Judgment; denying 45 Motion to Strike Portions of 44 Surreply ; denying 24 Motion for Summary Judgment (see Entry). The case will proceed to a jury trial to determine whether Fleece's absence on 9/4/2005 was for an FMLA-qualifying reason, and if so, for a calculation of damages under the FMLA. If the jury determines that the absence was for an FMLA-qualifying reason, the court will permit additional briefing by the parties and would welcome especially the perspective of the United States Department of Labor on the issue of whether family or medical leave granted to employees who are not yet eligible for FMLA leave should be counted against the employees' entitlement to twelve work weeks of leave under the FMLA. A copy of this entry shall be sent to the United States Attorney for forwarding to the Department of Labor. Signed by Judge David Frank Hamilton on 5/2/2008. c/m (LSC)
June 17, 2008
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ORDER denying pltf's 48 Motion for Reconsideration re 47 Order on Motion for Summary Judgment. Signed by Judge David Frank Hamilton on 6/17/2008. (LSC)