Citation Codes Equivalent Citations citation codes Docket Number Civil No. PJM 04-445. Judges Peter Jo Messitte See more information ... Smart Summary Please sign up to generate summary. JOSEPH E. DAVIS, Plaintiff, v. TOMMY G. THOMPSON, Secretary, Department of Health and Human Ser FINAL ORDER of JUDGMENT PETER MESSITTE, District Judge The Court having considered Defendant's Motion to Dismiss or, in the Alternative, for Summary Judgment and Plaintiff's Opposition to same, it is for the reasons stated in the accompanying Opinion this 24th day of March, 2005 ORDERED: 1. Defendant's Motion to Dismiss [Paper 36-1] is GRANTED as to Count I (FMLA claim); 2. Defendant's Motion for Summary Judgment [Paper No. 36-2] is GRANTED as to Count II (disability discrimination claim); and 3. The Clerk of the Court is directed to CLOSE this case.