IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
January 25, 2011
VINCE IACONE, JR., INC., D/B/A VINCE IACONE'S SUNOCO, DEFENDANT.
The opinion of the court was delivered by: Gene E.K. Pratter Unitedstatesdistrictjudge
ORDER AND NOW, this 24th day of January, 2011, it is hereby ORDERED that Defendant Vince Iacone, Jr. Inc.'s Motion to Dismiss is DENIED.
It is further ORDERED that Iacone has leave to refile the portion of its Motion requesting dismissal for lack of jurisdiction pursuant to Rule 12(b)(6) as a motion for summary judgment, addressing the issue of whether Iacone fulfills the definition of an "employer" as that term is used in the Age Discrimination in Employment Act, 29 U.S.C. § 626(b).
BY THE COURT:
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