Gregory v. University of Delaware et al

Filing 12

MEMORANDUM regarding Motion to Dismiss (D.I. 6 ). Signed by Judge Richard G. Andrews on 2/22/2018. (nms)

Case 1:17-cv-01157-RGA Document 12 Filed 02/22/18 Page 1 of 1 PageID #: 102

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

CINDY GREGORY,

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Plaintiff,
v.
UNIVERSITY OF DELAWARE, et al.
Defendants.

C.A. No. 1:17-cv-01157-RGA

MEMORANDUM

Plaintiff filed this action against Defendants claiming violations of the Due Process
Clause of the Fourteenth Amendment (Counts I and II), the Age Discrimination in Employment
Act ("ADEA'') pursuant to 29 U.S.C. § 623 (Count III), the Delaware Discrimination in
Employment Act pursuant to 19 Del. C. § 71 l(a) (Counts III, IV, and V), and the Equal
Protection Clause of the Fourteenth Amendment (Count VI). (D.I. 1 at if 1). Presently before the
Court is Defendant's Motion to Dismiss all counts of Plaintiffs Complaint pursuant to Fed. R.
Civ. P. 12(b)(6). (D.I. 6). The issues have been fully briefed. (D.I. 7, 9, 11). The Complaint,
briefing, and arguments in this case are essentially identical to those in Kenny v. Univ. ofDel.,
C.A. No. 1:17-cv-01157-RGA. Thus, for the reasons stated in that case, I reach the same
conclusion here. Defendants' Motion is GRANTED as to Counts I and II and DENIED as to
Counts III, IV, V, and VI. It does not appear that Plaintiff could amend her Complaint to state the
claims she has asserted in Counts I and II. Thus, leave to amend is not granted. An appropriate
order will be entered.

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