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Gillette v. Donahoe

United States District Court, Third Circuit

May 14, 2013

MATTHEW S. GILLETTE, Plaintiff,
v.
PATRICK R. DONAHOE, Defendant.

ORDER

A. RICHARD CAPUTO, District Judge.

NOW, this 14th day of May, 2013, IT IS HEREBY ORDERED that Defendant's Motion to Dismiss (Doc. 6) is GRANTED as follows:

(1) Plaintiff's age and disability retaliation claims (Count I) are DISMISSED WITH PREJUDICE.
(2) Plaintiff's request for punitive damages (Count III) is DISMISSED WITH PREJUDICE.
(3) Plaintiff's disability discrimination claim (Count III) is DISMISSED WITHOUT PREJUDICE.
(4) Plaintiff has twenty-one (21) days from the date of entry of this Order to file an amended pleading and properly plead his disability discrimination claim. If he fails to do so, the action will be dismissed with prejudice and the case will be closed.

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