Thomson v. Ohio State University Hospital

MEMORANDUM OPINION AND ORDER

GRAHAM, District Judge.

Plaintiff Mary Ann Thomson brings this action against defendants The Ohio State University Hospital and The Ohio State University under the Family and Medical Leave Act (“FMLA”), 29 U.S.C. § 2601, et seq. The matter is before the Court on the motion of the defendants to dismiss for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1).

I

There are generally two varieties of motions challenging subject matter jurisdiction under Rule 12(b)(1). The first possibility, that defendants interpose a facial attack on…