Based on the following, Trammell Crow's motion is granted and the complaint is dismissed, without prejudice. Donald Calcagni and Lisa Karnincic, employees of Penn's physical plant, that the University was contemplating outsourcing certain infrastructure management services to Trammell Crow. Should such a contract come to fruition all employees of Penn's physical plant would lose their jobs with Penn but could apply for similar jobs with decreased benefits with Trammell Crow. Whether or not they chose to pursue employment with Trammell Crow, all affected employees would be terminated on March 1, 1998.
Plaintiffs seek declaratory, injunctive and monetary relief.
A complaint should be dismissed if there is no doubt that plaintiff cannot prove a set of facts in support of her claim which would entitle her to relief. See Mose v. Insofar as Plaintiffs simply allege violation of 29 U.S.C. 1410, the complaint must be dismissed as it is not ripe for review. Armstrong World Indus. With regard to the adversity element, a plaintiff need not have suffered a completed harm to establish this element.