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Funayama v. Nichia America Corp.

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


May 20, 2009

TOMOKO FUNAYAMA, PLAINTIFF
v.
NICHIA AMERICA CORP., ET AL., DEFENDANTS

The opinion of the court was delivered by: Stengel, J.

ORDER

AND NOW, this 20th day of May, 2009, upon consideration of the defendants' Motion to Dismiss (Document #6), it is hereby ORDERED that the motion is GRANTED IN PART and DENIED IN PART, as follows:

1. The defendant's motion to dismiss Count I of the Amended Complaint (Race/National Origin Discrimination in Violation of 42 U.S.C. § 1981) is GRANTED. Count I is hereby DISMISSED;

2. The defendant's motion to dismiss Counts II, IX--XII (Retaliation under Section 1981, Title VII, the ADEA, and the PHRA) is DENIED;

3. The defendant's motion to dismiss Counts IV, VI, VIII, X, XIV--XV (Gender, Age, Race/National Origin Discrimination and Retaliation under the PHRA) is DENIED.

LAWRENCE F. STENGEL, J.

20090520

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