Talbott v. Anthem Blue Cross and Blue Shield

OPINION AND ORDER

SARGUS, District Judge.

This matter is before the Court on Defendant’s Motion to Dismiss Count III of the Plaintiffs Complaint. (Doc. # 5). This is an employment discrimination case arising under the Court’s federal question and supplemental jurisdiction, 28 U.S.C. §§ 1331 and 1367. Although Plaintiff has raised nine claims for relief, the Defendant has moved to dismiss only Plaintiffs age discrimination claim brought under Ohio law, O.R.C. §§ 4112.02(N) and 4112.99. The Defendant argues that the Plaintiffs state law age discrimination claim is barred by Ohio’s election of…