Free Motion to Dismiss for Failure to State a Claim - District Court of Delaware - Delaware

Case 1:08-cv-00122-SLR Document 6 Filed 05/O1/2008 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ROSA GLOVER :
Plaintiff,
v. CIVIL ACTION NO. 08-122
PHILADELPHIA MARINE TRADE
ASSOCIATION - INTERNATIONAL : JURY TRIAL DEMANDED
LONGSHOREMEN ASSOCIATION :
CONTRACT BOARD :
Defendant.
DEFENDANT’S MOTION TO DISMISS
Defendant Philadelphia Marine Trade Association - International Longshoreman
Association Contract Board hereby moves this Court, pursuant to Fed. R. Civ. P. 12(b)(6), to
dismiss Plaintiffs Complaint for failure to state a claim upon which relief may be granted.
Because Plaintiffs underlying charge of discrimination was not timely filed with the
EEOC, her claim for religious discrimination is untimely. As a result, the Complaint fails to
state a claim upon which relief may be granted and should be dismissed with prejudice. In
support of its motion, Defendant incorporates by reference the reasons articulated in its
Memorandtun of Points and Authorities in support of its Motion to Dismiss.
Respectfully submitted,
BUCHANAN INGERSOLL & ROONEY PC

ennifer M. ecnel-Guzzo (#4492)
1000 West Street, Suite 1410
Wilmington, DE 19801
(302) 552-4200
[email protected]
Dated: May 1, 2008 Attorneys for Defendant
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Case 1:08-cv—O0122-SLR Document 6-2 Filed 05/O1/2008 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ROSA GLOVER :
Plaintiff,
v. CIVIL ACTION NO. 08-122
PHILADELPHIA MARINE TRADE
ASSOCIATION - INTERNATIONAL : JURY TRIAL DEMANDED
LONGSHOREMEN ASSOCIATION :
CONTRACT BOARD :
Defendant.
ORDER
AND NOW on this _ day of , 2008, upon consideration of
Defendant Philadelphia Marine Trade Association - International Longshoremen Association
Contract Board's Motion to Dismiss pursuant to Fed. R. Civ. P. l2(b)(6) and any response
thereto, IT IS HEREBY ORDERED THAT DEFENDANT'S MOTION TO DISMISS
PLAINTIFF'S COMPLAINT WITH PREJUDICE IS GRANTED.

#1011818-vl

Case 1:08-cv-00122-SLR

Document 6

Filed 05/01/2008

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Case 1:08-cv-00122-SLR

Document 6-2

Filed 05/01/2008

Page 1 of 1