ROE v. THE MCKEE MANAGEMENT ASSOCIATES, INC. et al
MEMORANDUM AND ORDER THAT PLAINTIFF'S MOTION FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT [ECF DOC. NO.16] IS GRANTED. NO LATER THAN 2/23/17, PLAINTIFF MAY FILE A SECOND AMENDED COMPLAINT ENTIRELY CONSISTENT WITH THE ACCOMPANYING MEMORANDUM AND PROPERLY IDENTIFYING THE TWO DEFENDANTS, THE HARM (DESCRIBED DURING THE ORAL ARGUMENT) ARISING FROM ALLEGED POST-TERMINATION ADVERSE EMPLOYMENT ACTIONS AND DELETING A CLAIM OF PROTECTED ACTIVITY BASED ON REFUSING TO SIGN THE JUNE OR AUGUST RELEASE. SIGNED BY HONORABLE MARK A. KEARNEY ON 2/21/17. 2/21/17 ENTERED & E-MAILED.(fdc)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
THE MCKEE MANAGEMENT
ASSOCIATES, INC, et al
AND NOW, this 21st day of February 2017, upon consideration of Plaintiffs Motion for
leave to file a second amended complaint (ECF Doc. No. 16), Defendants' Response (ECF Doc.
No. 22), following oral argument and for reasons in the accompanying Memorandum, it is
ORDERED Plaintiffs Motion for leave (ECF Doc. No. 16) is GRANTED:
No later than February 23, 2017,
Plaintiff may file a Second Amended
Complaint entirely consistent with the accompanying Memorandum and properly identifying the
two Defendants, the harm (described during oral argument) arising from alleged post-termination
adverse employment actions and deleting a claim of protected activity based on refusing to sign the
June or August release;
Defendants shall file a response mindful of the accompanying Memorandum no
later than March 3, 2017;
No later than March 6, 2017, Plaintiff shall file more fulsome stipulation of
undisputed facts signed by both counsel as required by our January 27, 2017 Order (ECF Doc. No.
9) evidencing counsels' good faith narrowing of the disput~d fact issues required to be evaluated in
focused discovery; and,
Plaintiff shall immediately expedite the production of requested medical records
for production no later than March 10, 2017 and both parties are granted leave to issue no more
than forty interrogatories to assist in reducing deposition expense.
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