Laborde v. Mount Airy Casino
| Rodney Laborde |
| Mount Airy Casino |
| 3:2016cv00769 |
| May 5, 2016 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Monroe |
| Robert D. Mariani |
| Family and Medical Leave Act |
| 42 U.S.C. ยง 12101 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
50
ORDER denying 44 Motion for Reconsideration. Signed by Honorable Robert D. Mariani on 8/10/18 (jam)
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Filing
37
MEMORANDUM OPINION (Order to follow as separate docket entry) re 26 MOTION for Summary Judgment filed by Mount Airy Casino.Signed by Honorable Robert D. Mariani on 6/12/18. (jam)
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Filing
21
ORDER 1. The Report & Recommendation (UR&R"). (Doc. 17), is ADOPTED for the reasons discussed therein. 2. Defendant's Objections, (Doc. 19). are OVERRULED. Defendant raises two objections: (1) the R&R erred in finding that Plaintiff plausib ly alleged that he was terminated because of his disability and/or because of his use of FMLA leave; and (2) the R&R erred because it failed to address Defendant's argument that Plaintiffs wrongful conduct negates any inference of discrimination . As to the first objection, Plaintiff has plead that around the general time his employer became aware of his disability and around the general time he took FMLA leave, Plaintiff was terminated. Examining the pleadings in a light most favorable to the Plaintiff, this is sufficient to create a reasonable inference that Plaintiff was terminated because ofhis disability and/or his use of FMLA leave. Defendant cites to authority that mere awareness of adisability by an employer and mere temporal proximity of a termination to FMLA leave are both insufficient to raise an inference of discrimination. The cases Defendant cites, however, all concerned motions for summary judgment, not motions to dismiss for failure to state aclaim. At the pleadin g stage, Plaintiff allegations are sufficient to state aclaim and proceed to discovery. As to the second objection, even if the R&R did not address one of Defendant's arguments-Plaintiff admission of his own wrongful conduct in the complaint neg ates any inference of discrimination-the error, if any, is harmless because the argument is without merit. As discussed above, Plaintiff has raised areasonable inference in his complaint that he was terminated because of hisdisability and/or his use of FMLA leave. Defendant cites no authority for theproposition that, on amotion to dismiss, aPlaintiffs admission of his or her own wrongful conduct negates an otherwise reasonable inference of discrimination, or necessarily precludes Plaintiff from pleading aprima facie case of discrimination. Plaintiff is not required to satisfy the same standard here as he will be required to satisfy at the summary judgment stage.3. Defendant's Motion to Dismiss, (Doc. 8), Plaintiffs Amended Complaint isDENIED. Signed by Honorable Robert D. Mariani on 1/11/17 (jfg)
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| Plaintiff: Rodney Laborde | |
| Represented By: | Donald P. Russo |
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| Defendant: Mount Airy Casino | |
| Represented By: | Jessica M Bocchinfuso |
| Represented By: | Donald D. Gamburg |
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