Witmer v. Arthur J. Gallagher & Co. et al
Filing 22
REPORT AND RECOMMENDATION; IT IS RECOMMENDED that the Defts' Motion to Dismiss and Strike be granted in part and denied in part. (Doc l8) First, it is recommended that defts' Motion to Dismiss plf's claim for Intentional Infliction of Emotional Distress asserted in his Amended Complaint (Doc l5, Count Four) be granted because plf's claim this claim is time-barred. Second, it is recommended that defts' Motion to Strike be denied, as plf's allegations contained in Par agraphs 25 and 30 of his Amended Complaint are neither immaterial, impertinent, or scandalous. Finally, it is recommended that this case be recommitted to the undersigned for further proceedings regarding plf's remaining ADEA claims raised against defts AGC and GBS alleged in his Amended Complaint. NOTICE; Exceptions to be filed within l0 days. Objections to R&R due by 7/20/2009Signed by Magistrate Judge Thomas M. Blewitt on 7/2/09. (jb, )
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