Opinion
Civil Action Case No. 3:11 -cv-01216
05-02-2012
JUDY A. FOSTER, Plaintiff, v. SPRING MEADOWS HEALTH CARE CENTER, LLC, Defendant.
Judge Haynes/Magistrate Bryant
JURY DEMAND
MOTION TO DISMISS
Comes now the Defendant, SPRING MEADOWS HEALTH CARE CENTER, LLC, byand through counsel, and pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, moves this Court to dismiss the Plaintiffs claim under 29 U.S.C. § 621 for discrimination in employment based upon age, as the Plaintiff's Complaint fails to state a claim upon which relief may be granted. In support hereof. Defendant states as follows:
1. Plaintiff has failed to allege facts which would show direct age discrimination or support a prima facie case of age discrimination. Specifically, Plaintiff has altogether failed to allege that she was replaced by someone outside of the protected class.
2. Defendant contemporaneously files a Memorandum of Law in support of this Motion. Wherefore, premises considered, the Defendant prays that the Court find that the Plaintiff's 29 U.S.C. § 621 claim fails to state a claim upon which relief may be granted and should be dismissed with prejudice.