Opinion
Case No. 11-CV-10620.
May 9, 2011
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS COUNTS II, IX, AND X OF PLAINTIFF'S COMPLAINT (#14)
On February 16, 2011, plaintiff filed a complaint asserting the following claims relating to her employment and termination with defendants: violation of the Family Medical Leave Act (count I); violation of Michigan's Sales Representative Commissions Act (count II); breach of contract (count III); quantum meruit/unjust enrichment (count IV); hostile work environment and gender harassment in violation of the Elliott-Larsen Civil Rights Act (count V); gender discrimination under state law (count VI); pay discrimination in violation of the Elliott-Larsen Civil Rights Act (count VII); pay discrimination in violation of the minimum wage law (count VIII); false light (count IX); and intentional infliction of emotional distress (count X). On March 10, 2011, defendants filed a motion to dismiss counts II, IX, and X of plaintiff's complaint. Plaintiff filed a response and defendants filed a reply. A hearing was held on the matter on May 9, 2011. For the reasons stated on the record, the court grants defendants' motion as to counts IX and X of the complaint and denies defendants' motion as to count II of the complaint. If plaintiff wishes to amend counts IX and X, she may do so without leave of the court by May 23, 2011.
IT IS SO ORDERED.