RICHARDSON v. CSS INDUSTRIES, INC. et al

Filing 25

MEMORANDUM AND ORDER THAT DEFENDANT PAPER MAGIC GROUP, INC.'S MOTION TO DISMISS COUNT II OF PLAINTIFF'S COMPLAINT IS GRANTED IN PART AND DENIED IN PART. SIGNED BY HONORABLE C. DARNELL JONES, II ON 5/13/09. 5/18/09 ENTERED AND COPIES MAILED, E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA GREG RICHARDSON, Plaintiff, v. CSS INDUSTRIES, INC., et al., Defendants. : : : : : : : : : CIVIL ACTION NO. 08-3900

ORDER AND NOW, this 13th day of May, 2009, it is hereby ORDERED as follows: 1. Defendant Paper Magic Group, Inc.'s Motion to Dismiss Count II of Plaintiff's Complaint (Doc. No. 8) is GRANTED IN PART and DENIED IN PART. 2. Plaintiff's ERISA claim against PMG is dismissed as to PMG's alleged failure to promote Plaintiff. 3. Plaintiff's ERISA claim against PMG shall go forward as to PMG's alleged wrongful termination of Plaintiff. 4. Plaintiff's request for compensatory and punitive damages from PMG for alleged violations of ERISA is MARKED WITHDRAWN.

BY THE COURT:

S/ C. Darnell Jones II J.