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, )

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

PAMELA SCHURGOT
Plaintiff,
v.
SEPTA,
Defendant.

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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