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Gibson v. Lafayette Manor, Inc.

United States District Court, W.D. Pennsylvania
Mar 27, 2007
Civil Action No. 05-1082 (W.D. Pa. Mar. 27, 2007)

Summary

concluding that plaintiff's inability to return to work at the conclusion of her FMLA leave was "not dispositive of whether she is a 'qualified individual.'"

Summary of this case from McDonald v. Seiu Healthcare Pa.

Opinion

Civil Action No. 05-1082.

March 27, 2007


MEMORANDUM ORDER


Plaintiff's complaint was received by the Clerk of Court on August 4, 2005, and was referred to United States Magistrate Judge Lisa Pupo Lenihan for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrate Judges.

The Magistrate Judge's Report and Recommendation (Doc. No. 32), filed on March 5, 2007, recommended that the Defendant's Motion for Summary Judgment (Doc. No. 19) be granted as to Plaintiff's FLMA retaliation claim, but denied in all other respects. Service was made on all counsel of record. The parties were informed that in accordance with Magistrate Judges Act, 28 U.S.C. § 636(b)(1)(B) and (C), and Rule 72.1.4(B) of the Local Rules for Magistrate Judges, that they had ten (10) days to file any objections. No objections have been filed. After review of the pleadings and the documents in the case, together with the report and recommendation, the following order is entered:

AND NOW, this 27th day of March, 2007,
IT IS HEREBY ORDERED that Defendant's Motion for Summary Judgment (Doc. No. 19) is GRANTED as to Plaintiff's FLMA retaliation claim.

IT IS FURTHER ORDERED that Defendant's Motion for Summary Judgment (Doc. No. 19) is DENIED in all other respects.

IT IS FURTHER ORDERED that the Report and Recommendation (Doc. No. 32) of Magistrate Judge Lenihan, dated March 5, 2007, is adopted as the opinion of the Court.


Summaries of

Gibson v. Lafayette Manor, Inc.

United States District Court, W.D. Pennsylvania
Mar 27, 2007
Civil Action No. 05-1082 (W.D. Pa. Mar. 27, 2007)

concluding that plaintiff's inability to return to work at the conclusion of her FMLA leave was "not dispositive of whether she is a 'qualified individual.'"

Summary of this case from McDonald v. Seiu Healthcare Pa.

adopting R&R

Summary of this case from McCowan v. City of Philadelphia

adopting R&R

Summary of this case from McCowan v. City of Philadelphia

In Gibson v. Lafayette Manor, Inc., No. 05 C 1082, 2007 WL 951473, at *17-*18 (W.D. Pa. Mar. 27, 2007), the court considered the same question but found the record insufficient to determine whether the policy was an impermissible recertification requirement as a matter of law.

Summary of this case from Jackson v. Jernberg Industries, Inc.
Case details for

Gibson v. Lafayette Manor, Inc.

Case Details

Full title:RHONDA GIBSON, Plaintiff, v. LAFAYETTE MANOR, INC., Defendant

Court:United States District Court, W.D. Pennsylvania

Date published: Mar 27, 2007

Citations

Civil Action No. 05-1082 (W.D. Pa. Mar. 27, 2007)

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