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Albert Fortunato v. Nestle Waters North America

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


September 28, 2011

ALBERT FORTUNATO, PLAINTIFF,
v.
NESTLE WATERS NORTH AMERICA, JAMES BLAIR, BILL TRACKIM AND KEN SAFFT, DEFENDANTS.

The opinion of the court was delivered by: Henry S. Perkin, United States Magistrate Judge

ORDER

AND NOW , this 28th day of September, 2011, upon consideration of the Motion for Summary Judgment of Defendants Nestle Waters North America ("NWNA"), James Blair, Bill Trackim and Ken Safft (Docket No. 24) *fn1 filed March 28, 2011; upon consideration of Plaintiff's Answer to Defendants' Motion for Summary Judgment (Docket No. 28) filed April 18, 2011; *fn2 upon consideration of Plaintiff's Motion for Partial Summary Judgment (Docket No. 23) filed March 28, 2011; upon consideration of Defendants' Memorandum of Law in Opposition to Plaintiff's Motion for Partial Summary Judgment (Docket No. 27) filed April 15, 2011; and for the reasons expressed in the foregoing Memorandum Opinion,

IT IS ORDERED that Defendants' Motion for Summary Judgment is GRANTED in part and DENIED in part.

IT IS ORDERED that Defendants' Motion is GRANTED as to Count II of the Complaint, and Count II is DISMISSED in its entirety. *fn3

IT IS FURTHER ORDERED that Defendants' Motion is GRANTED as to Plaintiff's Age Discrimination in Employment Act ("ADEA") claims in Count I of the Complaint against individual Defendants James Blair, Bill Trackim and Ken Safft. *fn4

IT IS FURTHER ORDERED that Defendants' Motion is DENIED as to Plaintiff's ADEA claims in Count I against Defendant NWNA.

IT IS FURTHER ORDERED that Plaintiff's Motion for Partial Summary Judgment is GRANTED .

BY THE COURT:

Henry S. Perkin


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