Santitoro v. Dollar Tree Stores, Inc. a/k/a Dollar Tree Corporation

Filing 26

ORDER granting Oral Motion to Stay and granting in part and taking under advisement in part 13 Motion to Strike 1 Complaint, and Motion to Dismiss in Part - The court DISMISSES plaintiff's claim based upon intentional infliction of e motional distress, and, to the extent plaintiff originally asserted in her complaint a claim of age discrimination under the ADEA, in light of plaintiff's representations at hearing, the court DISMISSES plaintiff's claim of age discrimination under the ADEA. The court takes under advisement the remainder of defendants motion. The motion to stay is GRANTED.Signed by District Judge Louise Wood Flanagan on 11/20/2012. (Baker, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
NO. 5:12-CV-485-FL

ROSE P. SANTITORO,
Plaintiff,
v.
DOLLAR TREE STORES, INC. a/k/a
DOLLAR TREE CORPORATION,
Defendant.

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ORDER

This matter came before the court on November 20, 2012, for hearing on defendant’s motion
to strike and motion to dismiss in part (DE #13). At said hearing, plaintiff withdrew her claim based
upon intentional infliction of emotional distress, and plaintiff confirmed that her only federal claim
is a claim for retaliatory discharge under the Age Discrimination in Employment Act (ADEA).
Accordingly, the court DISMISSES plaintiff’s claim based upon intentional infliction of emotional
distress, and, to the extent plaintiff originally asserted in her complaint a claim of age discrimination
under the ADEA, in light of plaintiff’s representations at hearing, the court DISMISSES plaintiff’s
claim of age discrimination under the ADEA. Further, as noted at hearing, where the court takes
under advisement the remainder of defendant’s motion to strike and motion to dismiss, defendant
moved orally for a stay of further case activity pending the court’s ruling on the motion to strike and
motion to dismiss. The clerk is DIRECTED to note this oral motion on the docket and, for good
cause shown, to promote efficient progression of the case pursuant to Federal Rule of Civil
Procedure 1, the motion to stay is GRANTED.

So ordered this the 20th day of November, 2012.

_____________________________
LOUISE W. FLANAGAN
United States District Judge

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