Dean v. Pennsylvania Gas Works, 19-4266. (2019)
Court: District Court, E.D. Pennsylvania
Number: infdco20191216d73
Visitors: 6
Filed: Dec. 12, 2019
Latest Update: Dec. 12, 2019
Summary: ORDER GERALD J. PAPPERT , District Judge . AND NOW , this 12th day of December 2019, upon consideration of Defendants' Motion to Dismiss (ECF No. 6), Plaintiffs' Response (ECF No. 9) and Defendants' Reply (ECF No. 10) it is hereby ORDERED that: 1. The Motion to Dismiss Count IV is GRANTED as to Defendant PGW and the individual Defendants in their official capacities; GRANTED as to Defendant White in his individual capacity; and DENIED as to Defendant Gaydosh in his individual capa
Summary: ORDER GERALD J. PAPPERT , District Judge . AND NOW , this 12th day of December 2019, upon consideration of Defendants' Motion to Dismiss (ECF No. 6), Plaintiffs' Response (ECF No. 9) and Defendants' Reply (ECF No. 10) it is hereby ORDERED that: 1. The Motion to Dismiss Count IV is GRANTED as to Defendant PGW and the individual Defendants in their official capacities; GRANTED as to Defendant White in his individual capacity; and DENIED as to Defendant Gaydosh in his individual capac..
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ORDER
GERALD J. PAPPERT, District Judge.
AND NOW, this 12th day of December 2019, upon consideration of Defendants' Motion to Dismiss (ECF No. 6), Plaintiffs' Response (ECF No. 9) and Defendants' Reply (ECF No. 10) it is hereby ORDERED that:
1. The Motion to Dismiss Count IV is GRANTED as to Defendant PGW and the individual Defendants in their official capacities; GRANTED as to Defendant White in his individual capacity; and DENIED as to Defendant Gaydosh in his individual capacity.
2. The Motion to Dismiss Counts V, VI and VII is GRANTED.
Counts IV, V, and VI are DISMISSED without prejudice. Count VII is DISMISSED with prejudice. Dean may amend Count IV of the Complaint, consistent with the Court's Memorandum, on or before December 27, 2019. Dean may further amend Counts V and VI of the Complaint after expiration of the mandatory one-year PHRA administrative exhaustion period.
Source: Leagle
