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Reginald Fenter v. Kraft Foods Global

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


December 27, 2011

REGINALD FENTER, PLAINTIFF,
v.
KRAFT FOODS GLOBAL, INC., DEFENDANT.

The opinion of the court was delivered by: Robert F. Kelly Senior Judge

ORDER

AND NOW, this 27 th day of December, 2011, upon consideration of the Motion to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) or, in Alternative, Motion for a More Definite Statement Pursuant to Fed. R. Civ. P. 12(e) (Doc. No. 8) by Defendant Kraft Foods Global, Inc. ("Defendant's Motion to Dismiss"), and the Response by Plaintiff Reginald Fenter, it is hereby ORDERED that:

1. the Motion is GRANTED IN PART and DENIED IN PART;

2. the Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6), is GRANTED as to Plaintiff's claim under the New Jersey Law Against Discrimination, N.J.S.A. § 10:5-12 et seq. ("NJLAD") (Count II) because it is untimely and dismissal is unopposed;

3. Plaintiff's NJLAD claim (Count II) is DISMISSED;

4. Defendant's Motion to Dismiss Plaintiff's Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) is DENIED in all other aspects; and

5. Defendant's Motion, in the Alternative, for a More Definite Statement Pursuant to Federal Rule of Civil Procedure 12(e) is DENIED.

BY THE COURT:

Robert F. Kelly

20111227

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