SCHURGOT v. SEPTA

Filing 16

ORDER THAT DEFENDANT'S MOTION TO DISMISS IS GRANTED IN PART. SEPTA'S MOTION TO STRIKE IS GRANTED. SEPTA'S MOTION TO DISMISS FAILURE TO PROMOTE CLAIMS IS GRANTED WITHOUT PREJUDICE. SHURGOT MAY FILE AN AMENDED COMPLAINT WITHIN 14 DAYS. SEPTA'S MOTION TO LIMIT BACK PAY IS DENIED.. SIGNED BY MAGISTRATE JUDGE TIMOTHY R. RICE ON 7/31/2017. 7/31/2017 ENTERED AND COPIES E-MAILED.(kp, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA PAMELA SCHURGOT Plaintiff, v. SEPTA, Defendant. : : : : : : : CIVIL ACTION No. 17-939 ORDER TIMOTHY R. RICE U.S. MAGISTRATE JUDGE July 31, 2017 AND NOW, on July 31, 2017, upon consideration of Defendant SEPTA’s Motion to Dismiss (doc. 6), Plaintiff Pamela Schurgot’s Response (doc. 7), and SEPTA’s Reply (doc. 9), it is ORDERED that SEPTA’s motion is GRANTED in part. 1. SEPTA’s motion to strike/dismiss Schurgot’s complaint, to the extent it: (1) raises gender discrimination claims that were not asserted at the administrative level; (2) seeks front pay on her unequal pay claims; and (3) requests punitive damages or uses the terms “malicious,” “reckless,” and “willful” is GRANTED as uncontested; 2. SEPTA’s motion to dismiss Schurgot’s failure-to-promote claims is GRANTED without prejudice. Schurgot may file an amended complaint within 14 days; 3. SEPTA’s motion to limit the amount of back pay Schurgot may seek on her unequal pay claims is DENIED. BY THE COURT: /s/Timothy R. Rice TIMOTHY R. RICE U.S. MAGISTRATE JUDGE

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