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08-043 - DeJesus et al v. Geren et al


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08-043 - DeJesus et al v. Geren et al
June 23, 2008
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MEMORANDUM OPINION. Signed by Senior Judge Thomas Wiseman on 6/23/08. (dt)
June 23, 2008
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ORDER OF FINAL JUDGMENT: Ms. DeJesus concedes that she has not stated nor did she intend to state a claim under HIPAA, so Defendant's motion to dismiss that claim is GRANTED. Further, the Court agrees that the FMLA and THRA claims must be dismissed for lack of jurisdiction, but will deny the motion to dismiss any of the plaintiff's claims for failure to exhaust administrative remedies. Defendants motion to dismiss 9 is therefore GRANTED IN PART AND DENIED IN PART. Defendant is entitled, however, to judgment in its favor as to all the plaintiffs remaining claims, so the motion for summary 9 is GRANTED in its entirety. All other pending motions (including Defendants Objections to the Magistrate Judge's Report and Recommendation, Document No. 24) are hereby rendered MOOT. Judgment is herewith entered in favor of the Defendant and this matter is DISMISSED. This is a final appealable judgment for purposes of Fed. R. Civ. P. 58. Signed by Senior Judge Thomas Wiseman on 6/23/08. (dt)