ALLEN et al v. THE SCHOOL REFORM COMMISSION et al

Filing 25

MEMORANDUM AND ORDER THAT DEFENDANTS' MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM [#16] IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: THE MOTION IS GRANTED AND THE SECOND AMENDED COMPLAINT IS DISMISSED TO THE EXTENT THAT PLAINTIFFS SEEK T O PURSUE THEIR CLAIM THAT THEY WERE DISCRIMINATED AGAINST ON THE BASIS OF THEIR AGE IN VIOLATION OF THE ADEA UNDER THE DISPARATE-IMPACT THEORY. THE MOTION IS GRANTED INSOFAR AS IT SEEKS THE DISMISSAL OF DR. WILLIAM HITE AS A PARTY TO THIS SUIT AND DR . WILLIAM HITE IS DISMISSED AS A PARTY TO THIS ACTION. THE MOTION IS GRANTED AS TO ANY CLAIMS FOR VIOLATION OF PLAINTIFFS' STATE AND FEDERAL CONSTITUTIONAL RIGHTS AND SUCH CLAIMS ARE DISMISSED WITH PREJUDICE. THE MOTION IS DENIED IN ALL OTHER RESPECTS. SIGNED BY HONORABLE JOHN R. PADOVA ON 2/2/17. 2/3/17 ENTERED & E-MAILED.(fdc)

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

WANDA ALLEN, et al.
v.
THE SCHOOL REFORM
COMMISSION, et al.

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CIVIL ACTION

NO. 15-6105

ORDER
AND NOW, this 2nd day of February, 2017, upon consideration of Defendants’ Motion
to Dismiss for Failure to State a Claim (Docket No. 16), and all documents filed in connection
therewith, and for the reasons stated in the accompanying Memorandum, IT IS HEREBY
ORDERED that the Motion to Dismiss is GRANTED IN PART and DENIED IN PART as
follows:
1.

The Motion is GRANTED and the Second Amended Complaint is DISMISSED
to the extent that Plaintiffs seek to pursue their claim that they were discriminated
against on the basis of their age in violation of the ADEA under the disparateimpact theory.

2.

The Motion is GRANTED insofar as it seeks the dismissal of Dr. William Hite as
a party to this suit and Dr. William Hite is DISMISSED as a party to this action.

3.

The Motion is GRANTED as to any claims for violation of Plaintiffs’ state and
federal constitutional rights and such claims are DISMISSED WITH
PREJUDICE.

4.

The Motion is DENIED in all other respects.

BY THE COURT:

/s/ John R. Padova
_______________________
John R. Padova, J.

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