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17-6401 - Straub v. Jewel Foods

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17-6401 - Straub v. Jewel Foods
April 27, 2018
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MEMORANDUM Opinion and Order signed by the Honorable Virginia M. Kendall on 4/27/2018. The Court grants Jewel's Motion to Dismiss for failure to state a claim 17. Straub's claims based on sexual harassment, failure to promote, color discrimination, and retaliatory discharge are dismissed with prejudice (Counts II, III, IV, V). The retaliation claim based on the 2010 EEOC Charge is dismissed without prejudice in so much as Straub can submit plausible facts and evidence that the claim notice(lk, )warrants merit and is timely-filed (Count VI). Straub is also granted leave to amend the Complaint to seek a claim of racial discrimination in so far as he can plausibly plead a prima facie case. The claim based on age discrimination remains. Mailed