Raffaele v. Ryder Dedicated Logistics, Inc.

MEMORANDUM AND ORDER

GORTON, District Judge.

On November 16, 1995, plaintiff, William A. Raffaele (“Raffaele”) filed this action in the Worcester County Superior Court Department of the Trial Court of Massachusetts. Defendant, Ryder Dedicated Logistics, Inc. (“Ryder”) removed the action to this Court, and on May 7, 1996, pursuant to Fed.R.Civ.P. 12(b)(6), filed a motion to dismiss for failure to state a claim upon which relief can be granted. For the following reasons, defendant’s motion will be allowed.

I. FACTUAL BACKGROUND

When considering a motion to dismiss, this Court accepts as true the…