DeLapaz v. Magnifique Parfumes and Cosmetics Inc

Justia Dockets & Filings Seventh Circuit Indiana Northern District DeLapaz v. Magnifique Parfumes and Cosmetics Inc

DeLapaz v. Magnifique Parfumes and Cosmetics Inc

Case Number:	4:2009cv00026
Filed:	March 25, 2009
Court:	US District Court for the Northern District of Indiana
Office:	Civil Rights: Jobs Office
Presiding Judge:	Paul R Cherry
Presiding Judge:	Allen Sharp
Nature of Suit:	Plaintiff
Cause of Action:	Federal Question
Jury Demanded By:	29:2601 Family and Medical Leave Act

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Date Filed	Document Text
September 26, 2012	Filing 58 OPINION AND ORDER granting in part and denying in part 49 Motion for Summary Judgment. Summary judgment is GRANTED with respect to Count 1. Counts 2 and 3 are DISMISSED WITHOUT PREJUDICE. Signed by Judge Jon E DeGuilio on 09/26/12. (ksp) Modified on 9/28/2012 to edit doc type (mlc).
June 3, 2009	Filing 12 ORDER granting in part and denying in part 6 Motion to Dismiss. The Motion to Dismiss (DE 6) filed by Defendant Magnifique Parfumes and Cosmetice, Inc. d/b/a Perfumania is DENIED with leave to refile with respect to Count II (ERISA claim) and GRANT ED with respect to Counts I and III (FMLA and IWCA claims). As such, Plaintiff Brian DeLapaz's only surviving claim is Count II under ERISA, and he has up to & including Friday, 7/31/09 to file an Amended Complaint as to that claim in order to properly state a claim for relief. Each party to bear its own costs. Any amendments to the pleadings to be filed by 7/31/2009. Signed by Judge Allen Sharp on 6/3/09. (csi)

Date Filed

Document Text

September 26, 2012

Filing 58 OPINION AND ORDER granting in part and denying in part 49 Motion for Summary Judgment. Summary judgment is GRANTED with respect to Count 1. Counts 2 and 3 are DISMISSED WITHOUT PREJUDICE. Signed by Judge Jon E DeGuilio on 09/26/12. (ksp) Modified on 9/28/2012 to edit doc type (mlc).

June 3, 2009

Filing 12 ORDER granting in part and denying in part 6 Motion to Dismiss. The Motion to Dismiss (DE 6) filed by Defendant Magnifique Parfumes and Cosmetice, Inc. d/b/a Perfumania is DENIED with leave to refile with respect to Count II (ERISA claim) and GRANT ED with respect to Counts I and III (FMLA and IWCA claims). As such, Plaintiff Brian DeLapaz's only surviving claim is Count II under ERISA, and he has up to & including Friday, 7/31/09 to file an Amended Complaint as to that claim in order to properly state a claim for relief. Each party to bear its own costs. Any amendments to the pleadings to be filed by 7/31/2009. Signed by Judge Allen Sharp on 6/3/09. (csi)

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