Name of Assigned Judge Sitting Judge if Other or Magistrate Judge Amy J. St. Eve than Assigned Judge
The Court denies Defendant's motion to dismiss . Defendant to answer by 1/28/11. Status hearing set for 2/17/11 is stricken and reset to 2/1/11 at 8:30 a.m.
O[ For further details see text below.] Notices mailed by Judicial staff.
On August 31, 2010, Plaintiff Jan Danek filed the present one-count Complaint against his former employer Defendant Cook County for violating the Family and Medical Leave Act of 1993 ("FMLA"), specifically 29 U.S.C. § 261(a)(1), (b). Before the Court is Defendant Cook County's motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). For the following reasons, the Court denies Cook County's motion.
In September 2002, Cook County hired Danek as a medical interpreter at the John H. Stroger, Jr. Hospital. (R. 1, Compl. ¶¶ 1, 7.) In 2006, Danek had a stroke and was hospitalized at Lutheran General Hospital. (Id. ¶ 8.) Due to his medical condition, Danek experienced episodes of depression. (Id.) In December 2007, Danek experienced lower back pain, which added to his depression, and thus he went on disability leave until April 2008. (Id. ¶ 9.) In July 2008, Danek's symptoms of the depression reoccurred and his physician, Dr. Richard Novak, suggested that he take more time off from work. (Id. ¶ 10.) To that end, on August 5, 2008, Danek completed a FMLA form, which he submitted to a Cook County Hospital Employee Health Services ("EHS") worker on August 7, 2008. (Id. ¶ 12.) The EHS worker instructed Danek to return to EHS at the conclusion of his FMLA leave. (Id.)
Danek alleges that he started his FMLA leave on August 12, 2008. (Id. ¶ 14.) On September 8, 2008, Danek received a letter dated September 3, 2008 terminating his employment with the County. (Id. ¶ 15.) Danek received another letter dated September 22, 2008 confirming his termination. (Id. ¶ 16.) In his Complaint, Danek seeks monetary damages, injunctive relief, and declaratory relief based on Cook County's interference with the exercise of his rights under the FMLA and retaliation for exercising his FMLA rights. (Id. ¶¶ 1, 29.)
"A motion under Rule 12(b)(6) challenges the sufficiency of the complaint to state a claim upon which relief may be granted." Hallinan v. Fraternal Order of Police of Chicago Lodge No. 7, 570 F.3d 811, 820 (7th Cir. 2009). Pursuant to Rule 8(a)(2), a complaint must include "a short and plain statement of the claim showing that the pleader is entitled to relief." Fed. R. Civ. P. 8(a)(2). The short and plain statement under Rule 8(a)(2) must "give the defendant fair notice of what the claim is and the grounds upon which it rests." Bell Atlantic v. Twombly, 550 U.S. 544, 555, 127 S. Ct. 1955, 167 L.Ed.2d 929 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 47, 78 S. Ct. 99, 2 L.Ed.2d 80 (1957)). Under the federal notice pleading standards, a plaintiff's "factual allegations must be enough to raise a right to relief above the speculative level." Twombly, 550 U.S. at 555. Put differently, a "complaint must contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.'" Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009) (quoting Twombly, 550 U.S. at 570). "[W]hen ruling on a defendant's motion to dismiss, a judge must accept as ...