FARMER v. ARAMARK CORPORATION

Filing 10

MEMORANDUM AND ORDER THAT DEFENDANTS MOTION TO DISMISS THE COMPLAINT IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. FURTHER ORDERED THAT FARMER SHALL FILE AN AMENDED COMPLAINT WITHIN 10 DAYS OF THE DATE OF THIS ORDER, SUBSTITUTING ARAMARK SPORTS, LLC FOR ARAMARK CORPORATION AS THE PROPER DEFENDANT IN THIS ACTION.SIGNED BY HONORABLE ROBERT F. KELLY ON 2/3/12. 2/3/12 ENTERED AND COPIES EMAILED(rf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
____________________________________
:
GRANT FARMER,
:
:
Plaintiff,
:
:
CIVIL ACTION
:
v.
:
:
No. 11-5621
ARAMARK CORPORATION,
:
:
Defendant.
:
____________________________________:
ORDER
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).1

1

25.)

Farmer avers all three of these claims under Count I in his Complaint. (Compl. ¶¶ 22-

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:

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

2