Legal Opinion
Lufkin v. Eastern Maine Medical Center
District Court, D. Maine
Decided November 21, 2005No. CIV. 05-106BHPublishedCited by 1 opinion
1Opinion of the Court
ORDER ON MOTION TO DISMISS
HORNBY, District Judge.
The motion to dismiss is Granted In Part And Denied In Part.
First, I allow the plaintiff until December 12, 2005, to amend his Amended Complaint. He needs to deal with the defendant’s assertions that he has not alleged any adverse employment action under Count V, such as constructive discharge, or any adverse employment action that would support his claim of back and front pay on all counts'.
Second, Count VII is Dismissed Without Objection. The requested relief, namely a jury trial, is already demanded and does not need a separate count.
Third,…
2Cases cited7 opinions
- Nevada Department of Human Resources v. HibbsSupreme Court of the United States · 2003
- Walker v. United Parcel Service, Inc.Court of Appeals for the Tenth Circuit · 2001
- Linda K. Brumbalough v. Camelot Care Centers, Inc.Court of Appeals for the Sixth Circuit · 2005
- Colburn v. Parker Hannifin/Nichols Portland DivisionCourt of Appeals for the First Circuit · 2005
- Michael Nero v. Industrial Molding CorporationCourt of Appeals for the Fifth Circuit · 1999
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3Cited by1 opinion
- Mason v. Massachusetts Department of Environmental ProtectionDistrict Court, D. Massachusetts · 2011