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Carol Mikulski v. Bucks County Community College

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


April 27, 2011

CAROL MIKULSKI
v.
BUCKS COUNTY COMMUNITY COLLEGE

The opinion of the court was delivered by: Michael M. Baylson, U.S.D.J.

ORDER RE: MOTION TO DISMISS

AND NOW, this 27th day of April, 2011, upon consideration of Defendant's Motion to Dismiss the Complaint or Alternatively for a More Definite Statement of Plaintiff's Claims (ECF No. 4), and Plaintiff's Response thereto (ECF No. 5), and for the reasons in the accompanying memorandum of law, it is hereby ORDERED as follows:

1. Defendant's Motion to Dismiss is GRANTED as to Count Two, the claims under the Pennsylvania Human Relations Act ("PHRA"), 43 Pa. Stat. Ann. § 951 et seq., and any claims pursuant to the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201 et seq., or the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001 et seq. Defendant's Motion to Dismiss is DENIED in all other respects.

2. Defendant's Motion for a More Definite Statement is GRANTED as to the retaliation claim under the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 621 et seq., in Count One. Defendant's Motion for a More Definite Statement is DENIED in all other respects.

3. Plaintiff shall file an Amended Complaint in accordance with the accompanying memorandum of law within fourteen days of the date of this Order.

BY THE COURT:

20110427

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