Citation Codes Equivalent Citations citation codes Docket Number CIVIL ACTION NO. 11-4689. Motions Motion to dismiss : In Part See more information ... Smart Summary Please sign up to generate summary. SARAH LOWENSTEIN, Plaintiff, v. CATHOLIC HEALTH EAST, ST. MARY MEDICAL CENTER and CLAIRE SHANKS, Defendants. ORDER JAN DuBOIS, Judge AND NOW, this 26th day of October, 2011, upon consideration of Defendants Catholic East, et al. Motion to Dismiss (in Part) the Complaint (Document No. 6, filed September 26, 2011); and Plaintiff Sarah Lowenstein's Answer in Opposition to Defendants' Motion to Dimiss [sic] in Part (Document No. 13, filed October 14, 2011), for the reasons set forth in the Memorandum dated October 26, 2011, IT IS ORDERED that Defendants Catholic East, et al. Motion to Dismiss (in Part) the Complaint is DENIED IN PART and GRANTED IN PART, as follows: 1. Those parts of defendants' motion that relate to plaintiff's claims against defendant Catholic Health East are GRANTED; 2. Those parts of defendants' motion that relate to plaintiff's withdrawn claims — (1) plaintiff's claims against defendant Claire Shanks ("Shanks") under the Americans with Disabilities Act ("ADA"), (2) plaintiff's claim for compensatory damages under the Family and Medical Leave Act ("FMLA"), (3) plaintiff's claim for compensatory damages under the anti-retaliation provision of the ADA, and (4) plaintiff's hostile work environment claim under the FMLA — are GRANTED; and 3. The motion is DENIED in all other respects. IT IS FURTHER ORDERED that the denial of defendants' Motion to Dismiss, in part, is without prejudice to defendants' right to raise the issues presented by motion for summary judgment or at trial.