Filed: Aug. 11, 2017
Latest Update: Aug. 11, 2017
Summary: ORDER NITZA I. QUINONES ALEJANDRO , District Judge . AND NOW, this 11 th day of August 2017, upon consideration of Defendant's motion to dismiss, [ECF 9], Plaintiff's response in opposition thereto, [ECF 12], Defendant's reply brief, [ECF 15], and the allegations contained in the complaint, [ECF l], it is hereby ORDERED, for the reasons set forth in the accompanying Memorandum Opinion filed on this day, that Defendant's motion to dismiss is GRANTED, in part, and DENIED, in pa
Summary: ORDER NITZA I. QUINONES ALEJANDRO , District Judge . AND NOW, this 11 th day of August 2017, upon consideration of Defendant's motion to dismiss, [ECF 9], Plaintiff's response in opposition thereto, [ECF 12], Defendant's reply brief, [ECF 15], and the allegations contained in the complaint, [ECF l], it is hereby ORDERED, for the reasons set forth in the accompanying Memorandum Opinion filed on this day, that Defendant's motion to dismiss is GRANTED, in part, and DENIED, in par..
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ORDER
NITZA I. QUINONES ALEJANDRO, District Judge.
AND NOW, this 11th day of August 2017, upon consideration of Defendant's motion to dismiss, [ECF 9], Plaintiff's response in opposition thereto, [ECF 12], Defendant's reply brief, [ECF 15], and the allegations contained in the complaint, [ECF l], it is hereby ORDERED, for the reasons set forth in the accompanying Memorandum Opinion filed on this day, that Defendant's motion to dismiss is GRANTED, in part, and DENIED, in part, as follows:
I. Plaintiff's claims pursuant to Title VII of the Civil Rights Act of 1964 are DISMISSED.
II. Plaintiff's claims pursuant to 42 U.S.C. § 1981 are DISMISSED.
III. Plaintiff's claims pursuant to the Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act of 2008, are DISMISSED, except for Plaintiff's disability discrimination claim premised on Defendant's failure to accommodate Plaintiff when he requested transfer to the May 4, 2015 first-shift Operating Engineer vacancy and Plaintiff's wrongful termination claim.
IV. Plaintiff's claims pursuant to the Pennsylvania Human Relations Act are WITHDRAWN by agreement.
