BYRD v. ELWYN, 16-02275. (2016)
Court: District Court, E.D. Pennsylvania
Number: infdco20161006864
Visitors: 8
Filed: Sep. 30, 2016
Latest Update: Sep. 30, 2016
Summary: ORDER GERALD J. PAPPERT , Judge . AND NOW, this 30th day of September, 2016, upon consideration of Defendants' Motion to Dismiss and Motion to Strike (ECF No. 15), Plaintiffs' Response (ECF No. 17), and Plaintiffs' Praecipe to Substitute (ECF No. 18), it is ORDERED that the Motion is GRANTED in part and DENIED in part. 1. Count III is DISMISSED with prejudice. 2. Count IV is DISMISSED without prejudice as to Plaintiff Abdussabur and DISMISSED with prejudice as to Plaintiff S
Summary: ORDER GERALD J. PAPPERT , Judge . AND NOW, this 30th day of September, 2016, upon consideration of Defendants' Motion to Dismiss and Motion to Strike (ECF No. 15), Plaintiffs' Response (ECF No. 17), and Plaintiffs' Praecipe to Substitute (ECF No. 18), it is ORDERED that the Motion is GRANTED in part and DENIED in part. 1. Count III is DISMISSED with prejudice. 2. Count IV is DISMISSED without prejudice as to Plaintiff Abdussabur and DISMISSED with prejudice as to Plaintiff St..
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ORDER
GERALD J. PAPPERT, Judge.
AND NOW, this 30th day of September, 2016, upon consideration of Defendants' Motion to Dismiss and Motion to Strike (ECF No. 15), Plaintiffs' Response (ECF No. 17), and Plaintiffs' Praecipe to Substitute (ECF No. 18), it is ORDERED that the Motion is GRANTED in part and DENIED in part.
1. Count III is DISMISSED with prejudice.
2. Count IV is DISMISSED without prejudice as to Plaintiff Abdussabur and DISMISSED with prejudice as to Plaintiff Stevenson.
3. Count V is DISMISSED without prejudice as to Plaintiff Byrd and DISMISSED with prejudice as to Plaintiff Stevenson.
4. Count VIII is DISMISSED without prejudice.
5. Count X is DISMISSED without prejudice.
6. Count XII is DISMISSED without prejudice.
7. Counts VI, VII, and XI are DISMISSED as Plaintiffs' counsel withdrew them at oral argument.
8. Defendants' Motion to Dismiss Counts I, II, and Count IV—insofar as Count IV relates to Plaintiff Byrd—is DENIED.
9. Defendants' Motion to Strike is DENIED.
10. Plaintiff Abdussabur is given leave to amend her hostile work environment claim alleged in Count IV; Plaintiff Byrd is given leave to amend his quid pro quo claim alleged in Count V, his discriminatory discharge claim alleged in Count VIII, and his Family and Medical Leave Act ("FMLA") retaliation claim alleged in Count XII; Plaintiff Stevenson is given leave to amend his FMLA interference claim alleged in Count X. If the Plaintiffs choose to amend the complaint, they must do so on or before October 14, 2016 or the claims will be dismissed with prejudice.
Source: Leagle
