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WALTER v. RUNDFUNK

June 2, 2004.

BEATE WALTER, Plaintiff, -against- WESTDEUTSCHER RUNDFUNK, et ano., Defendants


The opinion of the court was delivered by: LEWIS KAPLAN, District Judge

ORDER

The Court has considered defendants' motion to dismiss the complaint, the report and recommendation of Magistrate Judge Francis recommending that the motion be granted in part and denied in part, and the objections of all parties.

The Court concludes that Judge Francis' report is correct insofar as it recommended denial of several aspects of defendants' motion. While the sufficiency of the claim of gender discrimination is a close one, the Court is persuaded, purely at this pleading stage, that this aspect of the complaint should not be dismissed. See Gregory v. Daly, 243 F.3d 687, 697-98 (2d Cir. 2001).

  Accordingly, defendants' motion to dismiss the complaint is denied.

  SO ORDERED.

20040602

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