IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
December 28, 2010
MICHAEL G. CHALFONT
U.S. ELECTRODES, ET AL.
The opinion of the court was delivered by: John R. Padova, J.
AND NOW, this 28th day of December, 2010, upon consideration of the Motion to Dismiss filed by Defendants U.S. Electrodes, Centerline (Windsor) Limited ("CenterLine"), and David M. Beneteau (Docket No. 8), Plaintiff's opposition thereto, and Defendants' reply, and for the reasons stated in the accompanying Memorandum, IT IS HEREBY ORDERED that the Motion is GRANTED IN PART and DENIED IN PART as follows:
1. The Motion is GRANTED insofar as it seeks dismissal of Plaintiff's ADA, ADEA and PHRA claims against CenterLine, the ADEA claim against U.S. Electrodes, and Plaintiff's breach of contract claim, and those claims are DISMISSED.
2. Plaintiff's FMLA claims and his demand for punitive damages under ERISA are DISMISSED by consent of the parties.
3. Defendants' Motion is DENIED in all other respects.
4. Plaintiff may file a second amended complaint on or before January 18, 2011, curing the deficiencies in his ADEA claim against U.S. Electrodes, as well as the deficiencies in his ADEA, ADA, and PHRA claims against CenterLine that are based on his layoff in January 2009, and U.S. Electrodes's failure to rehire him.*fn1
BY THE COURT: