ZIELINSKI v. KIMBERLY-CLARK CORPORATION

Filing 24

ORDER THAT DEFENDANT'S MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART. PLAINTIFF MAY FILE A SECOND AMENDED COMPLAINT ON OR BEFORE 7/29/2016.. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 6/28/2016. 6/28/2016 ENTERED AND COPIES E-MAILED.(kp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MARY ZIELINSKI
v.
KIMBERLY-CLARK CORPORATION

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CIVIL ACTION
NO. 15-3053

ORDER
AND NOW, this 28th day of June, 2016, upon consideration of defendant KimberlyClark Corporation’s motion to dismiss plaintiff Mary Zielinski’s amended complaint (Dkt. No.
11), plaintiff’s response (Dkt. No. 13) and defendant’s reply (Dkt. No. 14), and consistent with
the accompanying Memorandum of Law, it is ORDERED that defendant’s motion is GRANTED
in part and DENIED in part as follows:
1. defendant’s motion is GRANTED to the extent that it seeks dismissal of plaintiff’s
claims of disparate treatment under Title VII, the ADEA and the ADA and plaintiff’s
claims of hostile work environment under Title VII and the ADA. All of plaintiff’s
disparate treatment claims and her claims for hostile work environment under Title
VII and the ADA are DISMISSED with leave to amend.
2. defendant’s motion is DENIED in all other respects.
Plaintiff may file a second amended complaint to the extent that she can allege facts upon which
to state a claim on or before July 29, 2016.

s/Thomas N. O’Neill, Jr.
THOMAS N. O’NEILL, JR., J.