Teichgraeber v. Memorial Union Corp. of Emporia State University

MEMORANDUM AND ORDER

CROW, District Judge.

The case comes before the court on the defendant’s motion to dismiss pursuant to Rule 12(h)(8) of the Federal Rules of Civil Procedure for lack of subject matter jurisdiction. (Dk. 51). This is an employment discharge case in which the plaintiff claims she was fired in violation of the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621, et seq., the Kansas Age Discrimination in Employment Act, K.S.A. 44-1111, et seq., and in breach of an implied employment contract. In its motion, the defendant argues it is an arm of the state entitled to…