Opinion
No. 1:04 CV 00450.
October 26, 2004.
Julie H. Fosbinder, Joshua R. Van Kampen, Charlotte, NC, for Plaintiff.
Wade E. Ballard, Edwards Ballard Bishop Sturm Clark Keim, P.A., Spartanburg, SC, for Defendants.
ORDER
For the reasons set forth in the memorandum opinion filed contemporaneously herewith,
IT IS ORDERED that Defendants' motion [Doc. #7] to dismiss Plaintiff's first cause of action against all Defendants entitled "Discrimination in Violation of Public Policy" is GRANTED; Defendants' motion [Doc. # 7] to dismiss Plaintiff's second cause of action under the FMLA against the individual Defendants is DENIED.
IT IS FURTHER ORDERED that Plaintiff's motion [Doc. #11] for a default judgment against Defendant Rose Furniture Company on Plaintiff's claim under the FMLA is DENIED.
IT IS FURTHER ORDERED that Defendants' motion for attorney's fees and costs is DENIED.