Summary
dismissing an age discrimination case because the plaintiff had not pled the plaintiff was replaced by a sufficiently younger individual to permit an inference of age discrimination
Summary of this case from Klikus v. Cornell Iron Works, Inc.Opinion
CIVIL ACTION NO. 10-CV-7430.
July 1, 2011
ORDER
AND NOW, this 30th day of June, 2011, upon consideration of Defendants' Motion to Dismiss (Doc. No. 3), Defendants' Brief in support thereof, and Plaintiff's Memorandum in opposition thereto, it is hereby ORDERED that the Motion is GRANTED, Count I of Plaintiff's Complaint and Plaintiff's claims for punitive damages set forth in Counts I and II are DISMISSED with PREJUDICE, and Plaintiff's claim for violation of the ADEA set forth in Count III is DISMISSED with leave to file re-plead within ten (10) days of the entry date of this Order.