August 28, 2013
ABRAHAM MALLIK, Plaintiff,
KATHLEEN SEBELIUS, SECRETARY, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendant.
Paul W. Grimm, United States District Judge.
For the reasons stated in the Memorandum Opinion Dated this same date, it is hereby ORDERED that
(1) Defendant’s Motion to Dismiss or, in the Alternative, for Summary Judgment, ECF No. 16, is GRANTED in part and DENIED in part, without prejudice to renewal at the close of discovery;
(2) Plaintiff Abraham Mallik’s Motion for Summary Judgment, ECF No. 21 is DENIED.
This case shall proceed as to Count I, discrimination based on race, color, or national origin, but only as to Plaintiff’s claim that he was required to work on a day off, August 13, 2010, without compensation. This case also shall proceed as to Count II, hostile work environment.
Defendant shall file an Answer no later than September 18, 2013, at which time the Court will enter a Scheduling Order and Discovery Order and schedule a Fed.R.Civ.P. conference call with the parties to discuss further pretrial proceedings.