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CANTLEY v. SIMMONS

No. CIV.A.3:01-0720.

179 F.Supp.2d 654 (2002)

Michael CANTLEY, Plaintiff, v. Amos SIMMONS, Deborah K. Morris and United States Postal Service, Defendants.

United States District Court, S.D. West Virginia, Huntington Division.

January 9, 2002.

Attorney(s) appearing for the Case

Darryl J. Anderson, Murshed M. Zaheed, O'Donnell, Schwartz & Anderson, P.C., Washington, DC, Roger D. Forman, Forman & Crane, L.C., Charleston, WV, for Plaintiff.

Kelly R. Curry, United States Attorney's Office, Charleston, WV, Jeannette L. Bisson, Law Department-Mid-Atlantic Office, United States Postal Service, Washington, DC, for Defendants.

ORDER

CHAMBERS, District Judge.

Currently pending before the Court is Defendants Amos Simmons' and Deborah Morris' motion to dismiss this claim as it relates to them pursuant to Federal Rule of Civil Procedure 12(b)(1). The defendants contend that they are not proper defendants to this suit because the Family and Medical leave Act (hereinafter the "FMLA"), 29 U.S.C. § 2601 et seq., does not provide...

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