FENTER v. KRAFT FOODS GLOBAL, INC.

Filing 11

ORDER THAT THE MOTION IS GRANTED IN PART AND DENIED IN PART. THE MOTION TO DISMISS PURSAUNT TO FEDERAL RULE OF CIVIL PRODCEDURE 12(b)(6), IS GRANTED AS TO PLAINTIFF'S CLAIM UNDER THE NEW JERSEY LAW AGAINST DISCRIMINATION, N.J.S.A. SECTION 10:5-1 2 ET. SEQ. BECAUSE IT IS UNTIMELY AND DISMISSAL IS UNOPPOSED. PLAINTIFF'S NJLAD CLAIM IS DISMISSED; 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 DEFENDANT'S MOTION, IN THE ALTERNATIVE, FOR A MORE DEFINITE STATEMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(e) IS DENIED. SIGNED BY HONORABLE ROBERT F. KELLY ON 12/27/2011. 12/27/2011 ENTERED AND COPIES E-MAILED.(lbs, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
:
REGINALD FENTER,
:
CIVIL ACTION
:
Plaintiff,
:
:
v.
:
No. 11-4916
:
KRAFT FOODS GLOBAL, INC.,
:
:
Defendant.
:
__________________________________________:
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:

/s/ Robert F. Kelly
ROBERT F. KELLY
SENIOR JUDGE

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