Baumgardner v. Bimbo Food Bakeries Distribution, Inc.

MEMORANDUM OPINION AND ORDER

SARA LIOI, District Judge.

This matter comes before the Court on the motion of Defendant Bimbo Food Bakeries Distribution, Inc. (“BFBD”) to dismiss a portion of Plaintiff Timothy Baumgardner’s complaint (Doc. No. 1) for failure to state a claim upon which relief may be granted (Doc. No. 6) and BFBD’s separate motion to strike Baumgardner’s demand for a trial by jury. (Doc. No. 7.) For the following reasons, both of BFBD’s motions are GRANTED.

I. FACTUAL AND PROCEDURAL HISTORY

Except where noted, the facts of this case are taken from Baumgardner’s Complaint and are…