Peters v. Air Products Chemicals, Inc.

Full title: DARRYL W. PETERS, Plaintiff v. AIR PRODUCTS CHEMICALS, INC. and…

Court: United States District Court, E.D. Pennsylvania

Date published: Mar 31, 2006

Civil Action. No. 05-CV-02038 (E.D. Pa. Mar. 31, 2006)

Opinion

Civil Action. No. 05-CV-02038.

March 31, 2006

ORDER

JAMES GARDNER, District Judge

NOW, this 30th day of March, 2006, upon consideration of Defendants' Motion to Dismiss the Second Amended Complaint, which motion was filed on July 21, 2005; upon consideration of Plaintiff's Memorandum of Law in Opposition to Defendants' Motion to Dismiss the Complaint, which response was filed on August 4, 2005; upon consideration of the letter request to file a reply brief by defendants Air Products and Chemicals, Inc. and Ashland ACT, presented on August 19, 2005; and for the reasons expressed in the accompanying Memorandum,

IT IS ORDERED that defendants' request to file a reply brief is denied.

IT IS FURTHER ORDERED that Count I of plaintiff's Second Amended Complaint is dismissed.

IT IS FURTHER ORDERED that Count II of plaintiff's Second Amended Complaint is dismissed insofar as it states a claim for unlawful retaliation in violation of the ADEA. IT IS FURTHER ORDERED that in all other respects defendants' motion to dismiss is denied.

IT IS FURTHER ORDERED that the within case is remanded to the Court of Common Pleas of Lehigh County, Pennsylvania.