SIMMONS v. COMMUNITY EDUCATION CENTERS, INC.

Filing 15

ORDER THAT DEFENDANTS MOTION TO DISMISS AND STRIKE IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. DEFENDANT SHALL ANSWER THE REMAINING ALLEGATIONS IN THE COMPLAINT ON OR BEFORE 5/4/2015. SIGNED BY HONORABLE MARK A. KEARNEY ON 4/20/2015. 4/20/2015 ENTERED AND COPIES E-MAILED.(sg, )

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

CIVIL ACTION

v.
NO. 15-929
COMMUNITY EDUCATION
CENTERS, INC.
ORDER
AND NOW, this 201h day of April 2015, upon consideration of the Defendant's Motion
to Dismiss and Strike ("Motion") (ECF Doc. Nos. 5, 6, 7), Plaintiffs voluntary withdrawal of
Counts II, III and IV (ECF Doc. No. 11), Plaintiffs Opposition (ECF Doc. No. 12), following an
April 1, 2015 Oral Argument, and in accord with the accompanying Memorandum, It is

ORDERED that Defendant's Motion is GRANTED in part and DENIED in part:
1.

The Court GRANTS the Motion and dismisses Count I for race discrimination

under the Pennsylvania Human Relations Act ("PHRA").
2.

The Court GRANTS the Motion and dismisses state law Counts V, VI, VII,

VIII as barred by Pennsylvania's Workers' Compensation Act, 77 Pa.Con.Stat.§ 481(a).
3.

The Court DENIES the Motion as to Counts IX (hostile work environment under

PHRA) and X (retaliation under PHRA).
4.

Pursuant to Fed.R.Civ.P. 12(f), the Court strikes paragraphs 10, 11, 15, 15, 21-

22, 39, 42, 46-49, 53, 89, 94-109, 111, 113-117 with prejudice.
5.

May 4, 2015.

Defendant shall answer the remaining allegations in the Complaint on or before