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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.