United States District Court, E.D. Michigan, Southern Division
R. Grand U.S. Magistrate Judge.
ORDER GRANTING DEFENDANT'S MOTION FOR PARTIAL
J. Tarnow Senior U.S. District Judge.
December 12, 2018, Plaintiff Karen Zarza, through counsel,
commenced this employment discrimination retaliation action
against Defendant Board of Regents of the University of
Michigan (“U of M”). Before the Court is
Defendant's Motion for Partial Dismissal Pursuant to
Fed.R.Civ.P. 12(b)(1)  filed on April 10, 2019. The Court
now finds the Motion suitable for determination without a
hearing, in accordance with Local Rule 7.1(f)(2). For the
reasons explained below, the Court will
GRANT Defendant's Motion and
DISMISS without prejudice Counts II-V of the
October 2003, Plaintiff Karen Zarza began working for
Defendant U of M as a janitorial supervisor. In August 2013,
and again in July 2014, one of Plaintiff's custodian
subordinates injured himself on the job. On July 20, 2015,
the custodian filed a workers' compensation action
pertaining to the injuries that occurred at work under
pursuing the workers' compensation claim, the custodian
was fired. On May 8, 2017, the custodian filed an employment
discrimination action against U of M in federal district
court. Plaintiff, as the custodian's supervisor and as
the employee who prepared the incident reports following his
accidents, testified in connection with the district court
11, 2017, Plaintiff met with the head of her department to
discuss the custodian's termination. At the meeting, she
informed the department head of her belief that the custodian
had been wrongfully terminated. She also accused U of M of
fabricating evidence in connection with the custodian's
25, 2017, Plaintiff had a second meeting with the department
head, a human resources representative, and her office
manager concerning the custodian's case. Plaintiff claims
that, at this meeting, she advised her department head that
she would testify honestly in the ongoing lawsuit, which
included disclosing her objections to U of M's treatment
of the custodian.
the meetings with her superiors, Plaintiff began experiencing
harassment and hostility in the workplace. On September 11,
2017, Plaintiff was placed on administrative leave. On
November 10, 2017, she was fired.
April 13, 2018, Plaintiff filed a charge of discrimination
and retaliation with the Equal Employment Opportunity
Commission (“EEOC”). On September 13, 2018, the
EEOC issued a Notice of a Right to Sue.
December 12, 2018, Plaintiff commenced this action alleging
retaliation under Section 504 of the Rehabilitation Act
(Count I), the Americans with Disabilities Act
(“ADA”) (Count II), Michigan's Persons with
Disabilities Civil Rights Act (“PWDCRA”) (Count
III), the Family Medical Leave Act (“FMLA”)
(Count IV), and Michigan's Worker's Disability
Compensation Act (“WDCA”) (Count V).
seeks monetary damages and a declaration that U of M's
actions constitute unlawful employment practices in violation
of Section 504, the ADA, PWDCRA, FMLA, and WDCA.
April 10, 2019, Defendant filed this Motion for Partial
Dismissal pursuant to Fed.R.Civ.P. 12(b)(1) . Plaintiff
filed a Response  on April 24, ...