JACOBS v. CONTRACT CALLERS, INC.

Filing 17

ORDER THAT DEFENDANT'S MOTION TO DISMISS OR ALTERNATIVELY TO STRIKE IS GRANTED IN PART AND DENIED IN PART. SIGNED BY HONORABLE GERALD J. PAPPERT ON 4/28/16. 4/28/16 ENTERED AND COPIES E-MAILED.(mbh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
SUNCERE JACOBS,
Plaintiff,
CIVIL ACTION
NO. 15-05286

v.
CONTRACT CALLERS, INC.,
Defendant.
ORDER

AND NOW, this 28th day of April, 2016, upon consideration of Contract Callers, Inc.’s
(“CCI”) Motion to Dismiss or Alternatively to Strike (ECF No. 6), Suncere Jacobs’s (“Jacobs”)
Response (ECF No. 14) and CCI’s Reply (ECF No. 15), it is ORDERED that the motion to
dismiss is GRANTED in part and DENIED in part, and the motion to strike is DENIED.
Counts I and III, insofar as they allege “pattern or practice” and race discrimination
claims under Title VII and the PHRA, are DISMISSED. Count II, insofar as it alleges a sex
discrimination claim under 42 U.S.C. Section 1981, is also DISMISSED. CCI’s motion to
dismiss the remainder of Counts I, II and III is DENIED.
BY THE COURT:
/s/ Gerald J. Pappert
GERALD J. PAPPERT, J.