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Zawadowicz v. CVS. Corp.

June 12, 2000

JEFFREY A. ZAWADOWICZ, PLAINTIFF,
v.
CVS. CORP., AND XYZ CORP., A FICTITIOUS ENTITY, DEFENDANTS.



The opinion of the court was delivered by: Hon. Stanley S. Brotman United States District Judge

ORDER

THIS MATTER having come before the Court upon defendant CVS's motion for summary judgment and plaintiff's cross-motion for partial summary judgment;

The Court having reviewed the record and the submissions of the parties; and

For the reasons stated in the Court's opinion on this date;

IT IS on this 30th day of May, 2000 HEREBY

ORDERED that CVS's motion for summary judgment to dismiss counts one (FMLA), two (FLA), four (breach of implied contract), five (breach of good faith and fair dealing), six (FMLA) and seven (equitable estoppel) of the Second Amended Complaint ("the Complaint") is DENIED; and

IT IS FURTHER ORDERED that CVS's motion for summary judgment to dismiss count three (unlawful retaliation) is GRANTED; and

IT IS FURTHER ORDERED that plaintiff's demand for non-economic compensatory and punitive damages set forth in count one (FMLA), paragraph 24(c) and (e), respectively, of the Complaint is DISMISSED; and

IT IS FURTHER ORDERED that plaintiff's demand for non-economic compensatory damages set forth in count four (breach of implied contract), paragraph 34(c) of the Complaint is DISMISSED; and

IT IS FURTHER ORDERED that plaintiff's demand for non-economic compensatory damages set forth in count five (breach of good faith and fair dealing), paragraph 38(c) of the Complaint is DISMISSED; and

IT IS FURTHER ORDERED that plaintiff's demand for non-economic compensatory damages set forth in count six (FMLA), paragraph 42(c) of the Complaint is DISMISSED; and

IT IS FURTHER ORDERED that plaintiff's motion for partial summary judgment is DENIED.

20000612

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