MATHIS v. CHRISTIAN HEATING AND AIR CONDITIONING, INC.
MEMORANDUM AND ORDER THAT DEFENDANT'S MOTION TO DISMISS IS GRANTED WITH RESPECT TO THAT PART OF THE MOTION WHICH SEEKS A DISMISSAL OF PLAINTIFF'S FAILURE TO ACCOMODATE CLAIM UNDER TITLE VII, 42 USC:2000E ET SEQ., AND THE PA. HUMAN RELATIONS ACT, 43 PA. CONS. STAT.:951 ET SEQ., AND IS DENIED IN ALL OTHER RESPECTS. IT IS FURTHER ORDERED THAT A PRELIMINARY PRETRIAL CONFERENCE WILL BE SCHEDULED IN DUE COURSE. DISCOVERY MAY PROCEED IN THE INTERIM. SIGNED BY HONORABLE JAN E. DUBOIS ON 10/7/14. 10/8/14 ENTERED & E-MAILED.(fdc)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CHRISTIAN HEATING AND AIR
AND NOW, this 7th day of October, 2014, upon consideration of defendant’s Motion to
Dismiss Pursuant to Rule 12(b)(6) (Document No. 10, filed Oct. 1, 2013), plaintiff’s Response in
Opposition to Defendant’s Motion to Dismiss (Document No. 12, filed Oct. 8, 2013), and
defendant’s Reply to Response to Rule 12(b)(6) Motion to Dismiss (Document No. 13, filed Oct.
15, 2013), IT IS ORDERED that defendant’s Motion to Dismiss is GRANTED with respect to
that part of the Motion which seeks a dismissal of plaintiff’s failure to accommodate claim under
Title VII, 42 U.S.C. §§ 2000e et seq., and the Pennsylvania Human Relations Act, 43 PA. CONS.
STAT. §§ 951 et seq., and is DENIED in all other respects.
IT IS FURTHER ORDERED that a preliminary pretrial conference will be scheduled in
due course. Discovery may proceed in the interim.
BY THE COURT:
/s/ Hon. Jan E. DuBois
DuBOIS, JAN E., J.
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