Spengler v. Worthington Cylinders

OPINION AND ORDER

MARBLEY, District Judge.

I. INTRODUCTION

This matter comes before the Court on Defendant, Worthington Cylinders’ (“WC”) Motion to Dismiss Count II of Plaintiffs Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. For the reasons set forth herein, Defendant’s Motion is GRANTED.

II. STATEMENT OF FACTS 1

A. Background

Plaintiff, Jon Spengler (“Plaintiff’) is a fifty-four year old male residing in Ohio. Complaint ¶¶ 1, 5. Defendant WC (“Defendant”) is a company Ohio corporation with a production facility in Franklin County, Ohio, where the following events…