IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
February 3, 2012
GRANT FARMER, PLAINTIFF,
ARAMARK CORPORATION, DEFENDANT.
The opinion of the court was delivered by: Robert F. Kelly Senior Judge
AND NOW, this 3rd day of February, 2012, upon consideration of Defendant, ARAMARK Corporation's ("Aramark"), Motion to Dismiss the Complaint of Plaintiff, Grant Farmer ("Farmer") (Doc. No. 3), Farmer's Response thereto, and Aramark's Reply, it is hereby ORDERED that this Motion is GRANTED IN PART and DENIED IN PART. It is ORDERED that:
1. the Motion to Dismiss is GRANTED as to Farmer's claim for intentional inflection of emotional distress (Count III), and Farmer's claims under the New Jersey Law Against Discrimination, N.J. Stat. §§ 10:5-1 to -49 (Count II); and
2. the Motion to Dismiss is DENIED as to Farmer's claims under 42 U.S.C. § 1981 for race discrimination, harassment, and retaliation (Count I).*fn1
It is FURTHER ORDERED that Farmer shall file an amended Complaint, within ten (10) days of the date of this Order, substituting Aramark Sports, LLC for Aramark Corporation as the proper Defendant in this action.
BY THE COURT:
Robert F. Kelly