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Burkhart v. Kraft Foods Global

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


October 16, 2009

MARK BURKHART, PLAINTIFF,
v.
KRAFT FOODS GLOBAL, INC., AND DOES 1 THROUGH 20, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

ORDER

Through the present lawsuit, Plaintiff Mark Burkhart ("Plaintiff") seeks damages as a result of his termination by Defendant Kraft Foods Global, Inc. ("Defendant") on or about August 20, 2008. Defendant now moves for partial judgment on the pleadings both with respect to Plaintiff's First Cause of Action, alleging wrongful termination in violation of public policy, and the Second Cause of Action, for breach of contract premised on a violation of California Labor Code § 1126.

On October 12, 2009, Plaintiff filed a Statement of Non-Opposition to Defendant's Motion, pursuant to which Plaintiff conceded that the Motion was well-taken and that the First and Second Causes of Action should be dismissed, without leave to amend.

Given Plaintiff's Non-Opposition, and good cause appearing therefor, Defendant's Motion for Partial Judgment on the Pleadings is GRANTED,*fn1 with prejudice. The hearing on said Motion, presently scheduled for October 22, 2009, is accordingly off-calendar.

IT IS SO ORDERED.


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