HUKMAN v. US AIRWAYS/AMERICAN AIRLINES et al

Filing 42

MEMORANDUM AND ORDER THAT DEFENDANTS MOTION TO DISMISS (DOC. 24) AND DEFENDANTS MOTION TO DISMISS (DOC. 25) ARE GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. FURTHER ORDERED THAT DEFENDANTS MOTIONS (DOC. 33 & 34) ARE DISMISSED AS MOOT. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 8/3/17. 8/3/17 ENTERED AND COPIES EMAILED.(rf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
SHEIDA HUKMAN
v.
US AIRWAYS/AMERICAN AIRLINES,
et al.

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CIVIL ACTION
No. 17-0741

ORDER
AND NOW, this 3rd day of August, 2017, upon consideration of US Airways Defendants’
Motion to Dismiss (Document 24), Republic Airways Defendants’ Motion to Dismiss (Document
25), and pro se Plaintiff Sheida Hukman’s responses thereto, it is ORDERED the Motions are
GRANTED in part and DENIED in part as follows:
•

Hukman’s Title VII claims against all individual Defendants are DISMISSED with
prejudice.

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Hukman’s claims pursuant to the Fair Labor Standards Act, the Family and
Medical Leave Act, and the Safe Place Act are DISMISSED without prejudice.

•

Hukman’s claim pursuant to 49 U.S.C. § 46503 is DISMISSED with prejudice.

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Hukman’s Title VII claim against Republic Airways is DISMISSED without
prejudice.

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Insofar as Defendants seek dismissal for failure to comply with the Court’s May 26,
2017, Order or the Federal Rules of Civil Procedure, or failure to exhaust
administrative remedies, their Motions are DENIED.

Hukman shall file a Second Amended Complaint on or before August 17, 2017.

It is further ORDERED Defendants Brian Beidelman, Dwight C. Harken, and Amy
Heindel’s Motion for Extension of Time to Respond to Plaintiff’s Motion for Emergency
Injunction and Preliminary Injunction (Documents 33 & 34) is DISMISSED as MOOT.

BY THE COURT:

/s/ Juan R. Sánchez.
Juan R. Sánchez, J.

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