Walls v. Miller Edge, Inc.

Full title: MARK WALLS v. MILLER EDGE, INC., JOHN CAGGIANO, and TIMOTHY CASTELLO

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

Date published: Apr 26, 2024

Civil Action 22-3596 (E.D. Pa. Apr. 26, 2024)

Opinion

Civil Action 22-3596

04-26-2024

MARK WALLS v. MILLER EDGE, INC., JOHN CAGGIANO, and TIMOTHY CASTELLO

Hon. Mia R. Perez, Judge

ORDER ON DEFENDANTS' MOTION TO DISMISS

Hon. Mia R. Perez, Judge

AND NOW, this 26^th day of April, 2024, upon consideration of Defendants Miller Edge, Inc., John Caggiano, and Timothy Castello's Motion to Dismiss (ECF No. 6), Plaintiff's Response in Opposition (ECF No. 10), and Defendants' Reply (ECF No. 13), it is hereby ORDERED that the Motion is DENIED in part and GRANTED in part. It is hereby ORDERED as follows:

1. Defendants' Motion is DENIED with respect to Counts II and III (Family and Medical Leave Act Discrimination and Retaliation) regarding Defendants Miller Edge, Inc. and John Caggiano.

2. Defendants' Motion is GRANTED with respect to: (i) Count I (FMLA Interference); and (ii) the individual claims against Defendant Timothy Castello; therefore:

a. Count I is hereby DISMISSED with respect to all Defendants.

b. All claims against Defendant Timothy Castello are DISMISSED.