DAVIS v. THOMPSON

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.