granting summary judgment for the Defendant. A. Prima Facie Case Under the ADEA, a plaintiff must demonstrate the following to make out a prima facie case of age discrimination: (1) he is forty years of age or older; (2) the defendant took an adverse employment action against plaintiff; (3) plaintiff was qualified for the position at issue; and (4) he was replaced by an “employee who was sufficiently younger to support an inference of discriminatory animus.” Smith, 589 F.3d at 689. As to the “qualification” prong, the plaintiff can either show he had the objective qualifications for the job at issue, or that he was promoted to his present position after a history of satisfactory performance at the company. See Hugh v. Butler Cnty. Family YMCA 418 F.3d 265, 268 (3d Cir.2005) (<HOLDING>). The Court finds that Plaintiff carried his
holding that a review of an employees 1989 performance was irrelevant to a determination of whether his performance was satisfactory at the time of his termination in august of 1990 holding that garcetti barred claims involving speech not necessarily required by the plaintiffs job duties but nevertheless  related to his job duties holding that inability to maintain regular and reliable level of attendance defeated plaintiffs qualification for the job holding that the plaintiffs challenge to a state law affecting the performance of her job duties was mooted when she left state employment holding ones satisfactory performance of duties leading to a promotion does establish a plaintiffs qualification for a job