JACKSON v. UNITED AIR LINES, INC.
Filing
40
ORDER THAT DEFENDANTS MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE IS GRANTED IN PART AND DENIED IN PART. THE DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT FOR FAILURE TO JOIN THE UNION PURSUANT TO RULE 12 (b)(7) IS DENIED; ETC.. SIGNED BY HONORABLE J. WILLIAM DITTER, JR ON 7/15/14. 7/15/14 ENTERED AND E-MAILED.(jl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MELISSA JACKSON
:
Plaintiff
v.
UNITED AIRLINES, INC.
Defendant
CIVIL ACTION
:
:
:
:
:
NO. 13-6227
ORDER
AND NOW, this 15th day of July, 2014, IT IS HEREBY ORDERED that:
1. For the reasons set forth in the accompanying memorandum, the defendant’s motion
to dismiss Plaintiff’s first amended complaint pursuant to Federal Rules of Civil
Procedure 12(b)(1) and (12)(b)(6) (Dkt. 19) is GRANTED IN PART and DENIED
IN PART as follows:
a. Count 2 of Plaintiff’s amended complaint is dismissed for lack of subject
matter jurisdiction. Defendant’s motion to dismiss the remaining counts
pursuant to Rule 12(b)(1) is DENIED.
b. Defendant’s motion to dismiss pursuant to Rule 12(b)(6) is DENIED.
2. The defendant’s motion to dismiss Plaintiff’s first amended complaint for failure to
join the union pursuant to Rule 12(b)(7) (Dkt. 18) is DENIED.
3. Defendant shall answer the Plaintiff’s first amended complaint within 14 days of this
order.
BY THE COURT:
/s/ J. William Ditter, Jr.
J. WILLIAM DITTER, JR., J.
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