Cappetta v. GC SERVICES LTD. PARTNERSHIP

MEMORANDUM OPINION

JAMES R. SPENCER, Chief Judge.

THIS MATTER is before the Court on Defendant’s Motion for Judgment on the Pleadings (Docket No. 161), filed July 2, 2009, and Plaintiffs oral motion for voluntary dismissal with prejudice as to Counts II and IV, offered at the hearing of this matter September 1, 2009. For the reasons that follow, the Court will GRANT Plaintiffs Motion, DISMISS WITH PREJUDICE Counts II and IV, and DENY the Motion for Judgment on the Pleadings as to Counts I and III.

I. BACKGROUND

Plaintiff is a natural person who resides in the Commonwealth of Virginia. Defendant…