FRAZIER v. EXIDE TECHNOLOGIES

Filing 12

MEMORANDUM AND/OR OPINION ORDER THAT DEFT'S MOTION TO DISMISS (DOC. #9) IS GRANTED IN PART AND DENIED IN PART AS OUTLINED IN THIS ORDER. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 2/10/2012; 2/13/2012 ENTERED AND COPIES E-MAILED.(tomg, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA _____________________________________________ CRAIG FRAZIER, : Plaintiff, : v. : : EXIDE TECHNOLOGIES, : Defendant. : _____________________________________________: CIVIL ACTION No. 11-1863 ORDER AND NOW, this 10th day of February, 2012, upon consideration of Defendant, Exide Technologies, “Motion to Dismiss In Part” (Doc. No. 9) and Plaintiff’s response thereto, and for reasons stated in the accompanying Memorandum Opinion, it is hereby ORDERED that Defendant’s motion is GRANTED in PART and DENIED in PART as follows: 1. Defendant’s motion regarding Plaintiff’s national origin and retaliation claims (Count I) is DENIED; and 2. Defendant’s motion regarding Plaintiff’s intentional infliction of emotional distress claim (Count II) is GRANTED. BY THE COURT: /s/ Mitchell S. Goldberg ____________________________ MITCHELL S. GOLDBERG, J. 1

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