LAI v. RADNOR TOWNSHIP POLICE DEPT. et al

Filing 28

MEMORANDUM AND ORDER THAT MOTION TO DISMISS THE THIRD AMENDED COMPLAINT (DOC. 24) IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. DEFENDANTS ARE ORDERED TO FILE AN ANSWER TO PLAINTIFFS REMAINING CLAIMS WITHIN 14 DAYS FROM THE ENTRY OF THIS ORDER. THE CLERK OF COURT IS ORDERED TO SEND PLAINTIFF A COPY OF THE PROGRAM DESCRIPTION FOR THE ATTORNEY PANEL FOR PRO SE PLAINTIFFS IN EMPLOYMENT CASES AND A FORM APPLICATION FOR APPOINTMENT OF COUNSEL., ETC. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 7/11/16. 7/12/16 ENTERED AND COPIES MAILED TO PRO SE PLAINITFF, E-MAILED. *COPY TO PRO SE WRIT CLERK*(rf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
NICK A. LAI,
Plaintiff,

CIVIL ACTION
NO. 15-2451

v.
RADNOR TOWNSHIP POLICE DEPT., et
al.,
Defendants.
ORDER

AND NOW, this 11th day of July 2016, upon consideration of the Third Amended
Complaint (Doc. No. 22), Defendants’ Motion to Dismiss the Third Amended Complaint (Doc.
No. 24), Plaintiff’s Response in Opposition to the Motion to Dismiss (Doc. No. 26), and in
accordance with the Opinion of the Court issued this day, it is ORDERED that the Motion to
Dismiss the Third Amended Complaint (Doc. No. 24) is GRANTED IN PART and DENIED
IN PART as follows:
1.

Defendants’ Motion to Dismiss is DENIED with respect to Plaintiff’s
discrimination claim (Count I).

2.

Defendants’ Motion to Dismiss is DENIED with respect to Plaintiff’s hostile
work environment claim (Count II).

3.

Defendants’ Motion to Dismiss is GRANTED with respect to Plaintiff’s unfair
labor practices claim (Count III).

4.

Defendants’ Motion to Dismiss is GRANTED with respect to Plaintiff’s
retaliation claim (Count IV).

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5.

Defendants are ORDERED to file an Answer to Plaintiff’s remaining claims
within fourteen (14) days from the entry of this Order.

6.

The Clerk of Court is ORDERED to send Plaintiff a copy of the Program
Description for the Attorney Panel for Pro Se Plaintiffs in Employment Cases and
a form application for appointment of counsel. If Plaintiff chooses to request the
appointment of counsel in accordance with the terms of the Program Description,
he shall return the application within fourteen (14) days from the entry of this
Order.

BY THE COURT:

/ s / J oel H. S l om s k y
JOEL H. SLOMSKY, J.

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