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Gold, P.C., Philadelphia, PA, for Plaintiff.
Steven R. Wall, Morgan, Lewis & Bockius, Philadelphia, PA, for Defendant.
MEMORANDUM OPINION AND ORDER
WEINER, District Judge.
In this diversity action, plaintiff, an at-will employee, claims he was wrongfully
discharged from his position as a regional operations manager by the defendant. Presently
before the court is the motion of the defendant to dismiss pursuant to Rule 12(b)(6) of the
Federal Rules of Civil Procedure. For the reasons which follow, the motion is granted.
 A claim may be dismissed under Fed.R.Civ.P. 12(b)(6) only if the plaintiff can
prove no set of facts in support of the claim that would entitle him to relief. ALA, Inc. v.
CCAIR, Inc., 29 F.3d 855, 859 (3d Cir.1994). The reviewing court must consider only
those facts alleged in the Complaint and accept all of the allegations as true. Id. Applying
this standard, we find that plaintiff has failed to state a claim upon which relief can be
Defendant maintained an electronic mail communication system ("e-mail") in order to
promote internal corporate communications between its employees. Complaint at ¶ 8.
Defendant repeatedly assured its employees, including plaintiff, that all e-mail
communications would remain confidential and privileged. Complaint at ¶ 9. Defendant
further assured its employees, including plaintiff, that e-mail communications could not
be intercepted and used by defendant against its employees as grounds for termination or
reprimand. Complaint at ¶ 10. 73 In October 1994, plaintiff received certain e-mail communications from his supervisor
over defendant's e-mail system on his computer at home. Complaint at ¶ 11. In reliance
on defendant's assurances regarding defendant's e-mail system, plaintiff responded and
exchanged e-mails with his supervisor. Id. At some later date, contrary to the assurances
of confidentiality made by defendant, defendant, acting through its agents, servants and
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.
- Spring '08