KWANING v. COMMUNITY EDUCATION CENTERS, INC.

Filing 18

MEMORANDUM ORDER THAT DEFENDANT'S MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART, AS OUTLINED HEREIN WITH LEAVE TO FILE AN AMENDED COMPLAINT ON OR BEFORE 4/17/2015. DEFENDANT SHALL FILE AN ANSWER TO COUNTS I AND III AND FILE A RESPONSE TO COUNT II (IF AMENDED) ON OR BEFORE 4/24/2015. SIGNED BY HONORABLE MARK A. KEARNEY ON 4/8/2015. 4/8/2015 ENTERED AND COPIES E-MAILED.(amas)

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

FRANK KWANING

CIVIL ACTION

v.
N0.15-928
COMMUNITY EDUCATION
CENTERS, INC.
ORDER
AND NOW, this 81h day of April 2015, upon consideration of Defendant's Motion to
Dismiss (ECF Doc. No. 6), Plaintiff's Opposition (ECF Doc. No. 15), and following an April 1,
2015 Oral Argument, it is ORDERED that Defendant's Motion to Dismiss is GRANTED in

part and DENIED in part:
1. Defendant's Motion to Dismiss claims for discrimination under the PHRA (Count I) and

Hostile Work Environment (Count III) are DENIED;
2. Defendant's Motion to Dismiss claims for retaliation (Count II) is GRANTED with leave
to amend the Complaint on or before April 17, 2015 to specifically allege a protected activity;
3. Defendant's Motion to Strike is GRANTED as to Paragraphs 18-20, 28, 31-33, 36-37,
48-51, 55-56, 60, 73-76 and 78-88 of the Complaint. Plaintiff shall file an Amended Complaint
striking these paragraphs on or before April 17, 2015.
4. On or before April 24, 2015, Defendant shall file an Answer to Counts I and III, and file
a response to Count II (if amended).