TINNENY v. SCHUYLKILL VALLEY NATURE CENTER

Filing 69

ORDER THAT SCHUYLKILL CENTER FOR ENVIRONMENTAL EDUCATION'S MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. THE CAPTION OF THE CASE IS AMENDED TO REMOVE INDIVIDUAL DEFENDANTS AS OUTLINED HEREIN AS ALL CLAIMS AGAINST T HEM HAVE BEEN DISMISSED WITH PREJUDICE. ECHELON PROTECTION AND SURVEILLANCE'S MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. PLAINTIFF'S PETITION FOR PRELIMINARY INJUNCTION IS DENIED.. SIGNED BY HONORABLE JAN E. DUBOIS ON 1/19/2017. 1/19/2017 ENTERED AND COPIES E-MAILED.(kp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MARK TINNENY,

CIVIL ACTION
Plaintiff,

v.
MIKE WEILBACHER,
STEVE GOIN,
BINNY MEIGS,
TOM LANDSMANN,
ANNA MUESER,
ECHELON PROTECTION AND
SURVEILLANCE,
ECHELON
EMPLOYEE JOHN DOE #1, ECHELON
EMPLOYEE JOHN DOE #2, ECHELON
EMPLOYEE JOHN DOE #3,
SCHUYLKILL CENTER FOR
ENVIRONMENTAL EDUCATION, and
BOARD OF TRUSTEES SCHUYLKILL
CENTER FOR ENVIRONMENTAL
EDUCATION,
Defendants.

NO. 15-753

ORDER
AND NOW, this 19th day of January, 2017, upon consideration of Schuylkill Center for
Environmental defendants’ Motion to Dismiss or, in the Alternative, Motion for More Definite Statement
(Doc. No. 7, filed August 12, 2015), Defendant Echelon’s Motion to Dismiss Plaintiff’s Complaint
Pursuant to Federal Rule of Civil Procedure 12(b)(6) (Doc. No. 8, filed August 13, 2015), pro se
plaintiff’s Response to Motions to Dismiss (Doc. No. 66, filed January 9, 2017), and Echelon Protection
and Surveillance’s Reply in Further Support of Its Motion to Dismiss Plaintiff’s Complaint (Doc. No. 67,
filed January 18, 2017), for the reasons set forth in the accompanying Memorandum dated January 19,
2017, IT IS ORDERED as follows:
1.

Schuylkill Center for Environmental Education defendants’ Motion to Dismiss is

GRANTED IN PART and DENIED IN PART.1 The Motion is GRANTED as to plaintiff’s claims for

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Schuylkill Center for Environmental Education defendants shall be identified as “SCEE
defendants” in this Order.
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hostile work environment under Title VII, violation of the Equal Pay Act, violation of the First
Amendment, defamation, and wrongful discharge against all SCEE defendants, and all such claims are
DISMISSED WITH PREJUDICE. The Motion is GRANTED with respect to plaintiff’s wrongful
discharge claim against SCEE, and such claim is DISMISSED WITH PREJUDICE. The Motion is
DENIED with respect to plaintiff’s retaliation claim under Title VII against SCEE;
2.

The caption of the case is AMENDED to remove individual SCEE defendants Mike

Weilbacher, Steve Goin, Binny Meigs, Tom Landsmann, Anna Mueser, and Board of Trustees Schuylkill
Center for Environmental Education as all claims against them have been dismissed with prejudice under
Paragraph 1 above;
3.

Echelon Protection and Surveillance’s Motion to Dismiss is GRANTED IN PART and

DENIED IN PART. The Motion is GRANTED with respect to plaintiff’s claim for invasion of privacy
and that claim is DISMISSED WITH PREJUDICE. The Motion is DENIED as to plaintiff’s claims for
assault against Echelon Employees John Doe #1, John Doe #2, John Doe #3, and Echelon Protection and
Surveillance, and plaintiff’s claims for battery against John Doe #3 and Echelon Protection and
Surveillance;
4.

Plaintiff’s Petition for a Preliminary Injunction (Doc. No. 1, filed August 5, 2015) is

DENIED.
IT IS FURTHER ORDERED that a Preliminary Pretrial Conference will be scheduled in due
course.

BY THE COURT:
/s/ Hon. Jan E. DuBois
DuBOIS, JAN E., J.

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