McGowen et al v. Kroger District I

Filing 52

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
SOUTHERN DIVISION
RHONDA McGOWAN, ET AL.,
Plaintiffs,

No. 16-13216

v.

District Judge Terrence G. Berg
Magistrate Judge R. Steven Whalen

KROGER DISTRICT I,
Defendant.
/
ORDER
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.

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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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