McGowen et al v. Kroger District I
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S 38 Motion to Amend/Correct; GRANTING IN PART AND DENYING IN PART DEFENDANT'S 43 Motion to Strike; AND GRANTING PLAINTIFF'S 46 Motion for Leave to File - Signed by Magistrate Judge R. Steven Whalen. (CCie)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
RHONDA McGOWAN, ET AL.,
District Judge Terrence G. Berg
Magistrate Judge R. Steven Whalen
KROGER DISTRICT I,
For the reasons and under the terms stated on the record on August 29, 2017,
Plaintiffs’ motion to file amended complaint as an exhibit [Doc. #46] is GRANTED,
Plaintiffs’ motion to amend complaint [Doc. #38] is GRANTED IN PART AND
DENIED IN PART, and Defendant’s motion to strike Plaintiffs’ first amended complaint
[Doc. #43] is GRANTED IN PART AND DENIED IN PART.
As to Plaintiffs’ proposed Count II (Hostile Work Environment) and Count V
(Intentional Infliction of Emotional Distress), the Plaintiffs’ motion to amend [Doc. #38]
is DENIED and the Defendant’s motion to strike [Doc. #43] is GRANTED.
As to Plaintiffs’ proposed Count I (Sexual Harassment), Count III
(Retaliation/Discrimination), and Count IV (mislabeled Count VI)(Wrongful Discharge),
the Plaintiffs’ motion to amend [Doc. #38] is GRANTED and the Defendant’s motion to
strike [Doc. #43] is DENIED.
Within 14 days of the date of this Order, Plaintiffs must file a First Amended
Complaint consistent with this Order and with the Court’s instructions placed on the
record on August 29, 2017.
IT IS SO ORDERED.
Dated: August 29, 2017
s/R. Steven Whalen
R. STEVEN WHALEN
UNITED STATES MAGISTRATE JUDGE
CERTIFICATE OF SERVICE
I hereby certify on August 29, 2017 that I electronically filed the foregoing
paper with the Clerk of the Court sending notification of such filing to all counsel
registered electronically. I hereby certify that a copy of this paper was mailed to
non-registered ECF participants August 29, 2017.
s/Carolyn M. Ciesla
Case Manager for the
Honorable R. Steven Whalen
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