DANAO v. ABM JANITORIAL SERVICES et al

Filing 20

MEMORANDUM AND ORDER THAT DEFENDANT UNION'S MOTION TO DISMISS IS GRANTED IN PART WITHOUT PREJUDICE TO PLAINTIFFS LEAVE TO FILE AN AMENDED COMPLAINT WITHIN 20 DAYS FROM THE DATE OF THIS ORDER, CORRECTING THE DEFICIENCIES IDENTIFIED IN THE COURTS MEMORANDUM. DEFENDANT ABM'S MOTION TO DISMISS TO STRIKE IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: PLAINTIFFS CLAIM FOR RELIGIOUS DISCRIMINATION IN COUNT I IS DISMISSED WITH PREJUDICE. PLAINTIFFS CLAIM FOR RELIGIOUS DISCRIMINATION IN VIOL ATION OF THE PHRA IN COUNT V IS DISMISSED WITH PREJUDICE. PLAINTIFFS CLAIM UNDER THE AMERICANS WITH DISABILITIES ACT IN COUNT II IS DISMISSED WTIH PREJUDICE TO THE EXTENT PLAINTIFF ALLEGES DISABILITY BASED ON EITHER HIS STRESS, ANXIETY AND/OR DEPRESS ION CONDITIONS OR ON HIS NECK AND BACK INJURIES. TO THE EXTENT PLAINTIFF PREMISES ANY CLAIM ON EEOC CHARGES FILED IN 2007 OR 2009, THOSE CLAIMS ARE DISMISSED WITH PREJUDICE. PLAINTIFFS CLAIM FOR WRONGFUL DISCHARGE IN COUNT VI IS DISMISSED WITH PREJUD ICE. DEFENDANT ABM'S MOTION TO STRIKE IS GRANTED WITH RESPECT TO COMPLAINT PARAGRAPHS 30, 56 AND 6 TO THE EXTENT PARAGRAPH 6 REFERENCES DISABILITY DUE TO STRESS, ANXIETY AND DEPRESSION; ABM'S MOTION TO STRIKE IS DENIED IN ALL OTHER RESPECTS.. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 5/18/15. 5/19/15 ENTERED AND COPIES EMAILED.(rf, )

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

VINCENT DANAO

Plaintiff,
v.
ABM JANITORIAL SERVICES
AND LOCAL 32BJ SEIU

Defendants.

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CIVIL ACTION

NO. 14-6621

ORDER
AND NOW, this 18th day of May, 2015, upon consideration of (1) the Motion by
Defendant Local 32BJ SEIU (the “Union”) to Dismiss (Docket No. 10), Plaintiff Vincent
Danao’s Response (Docket No. 15), and the Union’s Reply Brief (Docket No. 18); and (2) the
Motion by Defendant ABM Janitorial Services (“ABM”) to Dismiss and to Strike (Docket No.
9), Plaintiff’s Response (Docket No. 16), and ABM’s Reply Brief (Docket No. 17), it is hereby
ORDERED as follows:
1.

Defendant Union’s Motion to Dismiss is GRANTED IN PART WITHOUT
PREJUDICE to Plaintiff’s leave to file an amended complaint within twenty (20)
days from the date of this Order, correcting the deficiencies identified in the
Court’s Memorandum.

2.

Defendant ABM’s Motion to Dismiss and to Strike is GRANTED IN PART and
DENIED IN PART as follows:
a.

Plaintiff’s claim for religious discrimination in Count I is DISMISSED
WITH PREJUDICE;

b.

Plaintiff’s claim for religious discrimination in violation of the PHRA in
Count V is DISMISSED WITH PREJUDICE;

c.

Plaintiff’s claim under the Americans With Disabilities Act in Count II is
DISMISSED WITH PREJUDICE to the extent Plaintiff alleges
disability based on either his stress, anxiety, and/or depression conditions,
or on his neck and back injuries;

d.

To the extent Plaintiff premises any claim on EEOC Charges filed in 2007
or 2009, those claims are DISMISSED WITH PREJUDICE;

e.

Plaintiffs claim for wrongful discharge in Count VI is DISMISSED
WITH PREJUDICE; and

f.

Defendant ABM’s Motion to Strike is GRANTED with respect to
Complaint Paragraphs 30, 56, and 6, to the extent Paragraph 6 references
disability due to stress, anxiety, and depression; ABM’s Motion to Strike
is DENIED in all other respects.

It is so ORDERED.
BY THE COURT:

s/ Ronald L. Buckwalter
RONALD L. BUCKWALTER, S.J.