![]() Rule 12(b)(6) tests the legal sufficiency of a complaint, but does not "resolve contests surrounding the facts, the merits of a claim, or the applicability of defenses." Presley v. 12(b)(6), an action can be dismissed for failure to state a claim upon which relief can be granted. On September 22, 2014, the Defendants replied. On September 4, 2 014, the Plaintiff opposed the motion. On August 18, 2014, the Defendants moved to dismiss the amended complaint. On July 31, 2014, the Plaintiff filed an amended complaint. On July 16, 2014, the Defendants moved to dismiss the complaint for failure to state a claim. On July 11, 2014, the Defendants removed the case to this Court. ![]() On June 4, 2014, the Plaintiff sued Meritus and others for violating the FMLA. In June 2012, the head of the ultrasound department informed the Plaintiff that her last day of work would be June 4, 2012. Further, working a rotating shift interfered with the Plaintiff's care of her elderly mother. The Plaintiff "was adamant about returning to her original position because a rotating shift position would result in a substantial loss of income." Id. The Plaintiff insisted that a rotating shift was not an equivalent position. The head of human resources told the Plaintiff that "all employees in ultrasound now work rotating shifts due to the business needs of the department. On May 24, 2012, the Plaintiff called the head of human resources. On May 23, 2012, the Plaintiff called the Human Resources Benefit Specialist to complain about being removed from the night shift. Meritus informed the Plaintiff that she could return as a full-time sonographer, but she would be placed on a rotating shift schedule like the other sonographers. On May 4, 2012, the Plaintiff notified Meritus that she would be ready to return to her normal shift on May 30, 2012. While the Plaintiff was on leave, Meritus shifted all sonographers to a rotating shift schedule, eliminating the Plaintiff's permanent shift. ![]() In February 2012, the Plaintiff informed Meritus that she would be undergoing surgery and would take medical leave starting on April 6, 2012. " night shift pa an additional shift differential of 20% during weeknights. The Plaintiff worked Wednesday through Sunday from 11 pm to 7 am. ![]() ![]() The other five sonographers were on a rotating shift schedule the only permanent shift was the Plaintiff's. In 2012, Meritus had six full-time sonographers. Between April 2008 and April 2012, the Plaintiff "held the night shift position in the ultrasound department. On September 10, 2007, Meritus Medical Center ("Meritus") hired the Plaintiff as a full-time ultrasonographer. The Court will consider the pleadings, matters of public record, and documents attached to the motions that are integral to the complaint and whose authenticity is not disputed. On a motion to dismiss, the well-pled allegations in the complaint are accepted as true. For the following reasons, the Defendants' motion to dismiss the original complaint will be denied as moot the motion to dismiss the amended complaint will be denied. Pending are the Defendants' motion to dismiss the original complaint and motion to dismiss the amended complaint. and others ("the Defendants") for violating the Family and Medical Leave Act of 1993 ("FMLA"). Margaret Quigley, pro se, sued Meritus Health, Inc. ![]()
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