IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
July 7, 2009
ROBERT CRAIG, PLAINTIFF,
THOMAS JEFFERSON UNIVERSITY, DEFENDANT.
The opinion of the court was delivered by: William H. Yohn Jr., Judge
AND NOW on this 7th day of July 2009, upon consideration of defendant Thomas Jefferson University's partial motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) (also interpreted, in part, as a motion to strike plaintiff's request for liquidated damages) (Doc. No. 8), plaintiff's response, and defendant's reply thereto, IT IS HEREBY ORDERED that defendant's partial motion to dismiss is GRANTED:
(1) Count I is DISMISSED as untimely as to plaintiff's claims regarding the employment positions with Drs. Spitsin and Flomenberg;
(2) Count II is DISMISSED as untimely as to plaintiff's claims regarding the employment positions with Drs. Spitsin, Flomenberg, Wachsberger, and Del Galdo; and
(3) Count I is DISMISSED to the extent it raises a disparate impact claim.
IT IS FURTHER ORDERED THAT defendant's motion to strike plaintiff's demand for liquidated damages is DENIED.
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