Morkoetter v. Sonoco Products Co.

OPINION AND ORDER

RUDY LOZANO, District Judge.

This matter is before the Court on the Motion to Dismiss Plaintiffs First Amended Complaint, filed by Defendant, Sonoco Products Company a/k/a Sonoco Flexible Packaging Co., Inc., d/b/a “Sonoco” (“Sonoco”), on April 20, 2012. (DE # 15). For the reasons set forth below, the Motion to Dismiss Plaintiffs First Amended Complaint is GRANTED IN PART AND DENIED IN PART. The motion is DENIED as to Plaintiffs Family Medical Leave Act claim and GRANTED as to Plaintiffs Employee Retirement Income Security Act claim.

*997 BACKGROUND

Plaintiff, James G. Morkoetter…