MAHAN v. THE CITY OF PHILADELPHIA
ORDER THAT DEFENDANT'S MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART. PLAINTIFF IS GRANTED LEAVE TO FILE A SECOND AMENDED COMPLAINT BY 11/22/17; ETC.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 11/8/17. 11/8/17 ENTERED AND E-MAILED.(jl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CIVIL ACTION NO. 16-6377
CITY OF PHILADELPHIA,
AND NOW, this 8th day of November 2017, upon consideration of
Complaint [Doc. No. 7], Defendant's Motion to Dismiss [Doc. No. 8], and Plaintiffs Response
in Opposition to the Motion [Doc. No. 11], it is hereby ORDERED that Defendant's Motion to
Dismiss [Doc. No. 8] is GRANTED IN PART AND DENIED IN PART as follows:
1. The Motion is GRANTED with respect to Plaintiffs PHRA claims. The PHRA
claims are DISMISSED WITH PREJUDICE.
2. The Motion GRANTED with respect to Plaintiffs Title VII hostile work
environment claim. This claim is DISMISSED WITHOUT PREJUDICE.
3. The Motion is DENIED with respect to Plaintiffs Title VII disparate treatment
gender discrimination and retali.~tion claims.
Plaintiff is granted leave to file a Second Amended Complaint no later than November 22, 2017
in accordance with the limitations set forth in the Opinion issued this day. If Plaintiff does not
file a Second Amended Complaint, Defendant shall file an Answer no later than December 6,
It is so ORDERED.
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