YARNALL v. THE PHILADELPHIA SCHOOL DISTRICT et al

Filing 81

MEMORANDUM AND ORDER THAT PLAINTIFFS' "MOTION TO ACCEPT ATTACHED MEMORANDUM IN SUPPORT OF MOTION FOR RECONSIDERATION" (75) IS GRANTED. PLAINTIFFS' MOTION FOR RECONSIDERATION (74) IS DENIED. DEFENDANTS' MOTION FOR RECONSIDERATION (73) IS GRANTED, IN PART. SIGNED BY HONORABLE L. FELIPE RESTREPO ON 10/4/13. 10/7/13 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

COLLEEN YARNALL, et al.,
v.
PHILADELPHIA SCHOOL
DISTRICT, et al.

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CIVIL ACTION

NO. 11-3130

ORDER
AND NOW, this 4th day of October, 2013, having considered Motions for
Reconsideration from Plaintiffs (Doc. No. 74) and from Defendants (Doc. No. 73), and all
responses thereto, it is hereby ORDERED that:
1.

Plaintiffs’ “Motion to Accept Attached Memorandum in Support of Motion for

Reconsideration” (Doc. No. 75) is GRANTED.
2.

Plaintiffs’ Motion for Reconsideration (Doc. No. 74) is DENIED. Accordingly,

the Philadelphia Federation of Teachers is DISMISSED as a party from this action.
3.

Plaintiffs’ request in the alternative, that dismissal of their negligence and

conspiracy claims against the PFT and § 1983 claims against Defendant Shirl Gilbert in his
official capacity, be marked as denied without prejudice so that these claims may be re-filed at a
later date, is DENIED.
4.

Defendants’ Motion for Reconsideration (Doc. No. 73) is GRANTED, in part.
a. Plaintiffs’ PHRA sex discrimination and retaliation claims are
DISMISSED for failure to exhaust administrative remedies.
b. Defendants’ Motion for Reconsideration of this Court’s equitable tolling
of Plaintiffs’ PHRA race discrimination charge is DENIED. However,

denial of this motion is made without prejudice. Defendants may re-raise
this issue upon close of discovery.
5.

Plaintiffs shall, within ten (10) days of this Order, file a single amended

complaint.
6.

The parties shall promptly initiate a joint call to the Court’s chambers to schedule

an in-person status conference, to be scheduled for a date closely following the filing of an
amended complaint.

BY THE COURT:
/s/ L. Felipe Restrepo
L. Felipe Restrepo
United States District Court Judge