SUERO v. MOTORWORLD AUTOMOTIVE GROUP, INC., 3:16-CV-00686. (2017)
Court: District Court, M.D. Pennsylvania
Number: infdco20170202905
Visitors: 4
Filed: Jan. 31, 2017
Latest Update: Jan. 31, 2017
Summary: ORDER A. RICHARD CAPUTO , District Judge . NOW , this 31 st day of January, 2017, IT IS HEREBY ORDERED that: (1) The Motion for Partial Dismissal filed by Defendant Christopher Kovalchick (Doc. 25) is GRANTED . Count III is DISMISSED with prejudice as to Defendant Kovalchick. (2) The Motion to Dismiss filed by Defendant William Smith (Doc. 33) is GRANTED in part and DENIED in part . (a) Defendant Smith's Motion to Dismiss Count II is DENIED . (b) Defendant Smith's Motion to Dis
Summary: ORDER A. RICHARD CAPUTO , District Judge . NOW , this 31 st day of January, 2017, IT IS HEREBY ORDERED that: (1) The Motion for Partial Dismissal filed by Defendant Christopher Kovalchick (Doc. 25) is GRANTED . Count III is DISMISSED with prejudice as to Defendant Kovalchick. (2) The Motion to Dismiss filed by Defendant William Smith (Doc. 33) is GRANTED in part and DENIED in part . (a) Defendant Smith's Motion to Dismiss Count II is DENIED . (b) Defendant Smith's Motion to Dism..
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ORDER
A. RICHARD CAPUTO, District Judge.
NOW, this 31st day of January, 2017, IT IS HEREBY ORDERED that:
(1) The Motion for Partial Dismissal filed by Defendant Christopher Kovalchick (Doc. 25) is GRANTED. Count III is DISMISSED with prejudice as to Defendant Kovalchick.
(2) The Motion to Dismiss filed by Defendant William Smith (Doc. 33) is GRANTED in part and DENIED in part.
(a) Defendant Smith's Motion to Dismiss Count II is DENIED.
(b) Defendant Smith's Motion to Dismiss Count III is GRANTED. Count III is DISMISSED without prejudice as to Defendant Smith. Plaintiff has fourteen (14) days from the date of entry of this Order to file an Amended Complaint to properly plead a PHRA claim against Defendant Smith; otherwise, the claim will be dismissed with prejudice.
(c) Defendant Smith's Motion to Strike Plaintiff's request for punitive damages from Defendant Smith individually for claims brought under 42 U.S.C. § 1981 is DENIED.
(3) The Court STRIKES Plaintiff's request for punitive damages from all Defendants for claims brought under the PHRA.
(4) The Motion for Partial Judgment on the Pleadings (Doc. 38) filed by Defendants Motorworld Automotive Group t/d/b/a Motorworld ("Motorworld"), Jeff Evans, Allan Crawford, Michael Muchnik, and Scott Ashley (collectively, the "Motorworld Defendants") is GRANTED in part and DENIED in part.
(a) The Motorworld Defendants' Motion to dismiss Count I as to all individually named Defendants is GRANTED. Count I is DISMISSED with prejudice as to Defendants Evans, Crawford, Muchnik, and Ashley, as well as Defendants Kovalchick and Smith.
(b) The Motorworld Defendants' Motion to dismiss Count III as to Defendants Evans, Crawford, and Muchnik is GRANTED. Count III is DISMISSED with prejudice as to Defendants Evans, Crawford, and Muchnik.
(c) The Motorworld Defendants' Motion to dismiss as time-barred under the PHRA all allegations of discriminatory conduct occurring before January 16, 2015 is GRANTED in part and DENIED in part. The Motion is DENIED with respect to Plaintiff's hostile work environment claim under the PHRA against Defendant Motorworld. The Motion is GRANTED with respect to Plaintiff's claim under 43 P.S. § 955(e) against Defendant Ashley.
Source: Leagle
