DIXON v. AMERIHEALTH ADMINISTRATORS

Filing 12

MEMORANDUM AND ORDER THAT DEFENDANT AMERIHEALTH ADMINISTRATORS' MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT [#9] IS GRANTED IN PART AND DENIED IN PART, AS FOLLOWS: THAT PART OF DEFENDANT'S MOTION SEEKING DISMISSAL OF PLAINTIF F'S CLAIMS FOR DISPARATE TREATMENT DISCRIMINATION AND RETALIATION UNDER 42 USC:1981 AND THE PENNSYLVANIA HUMAN RELATIONS ACT ("PHRA") IS DENIED; AND THAT PART OF DEFENDANT'S MOTION SEEKING DISMISSAL OF PLAINTIFF'S CLAIMS FOR HARASSMENT UNDER SECTION 1981 AND THE PHRA IS GRANTED AND THOSE CLAIMS ARE DISMISSED WITHOUT PREJUDICE TO PLAINTIFF'S RIGHT TO FILE AND SERVE A SECOND AMENDED COMPLAINT WITHIN TWENTY (20) DAYS OF THE ENTRY OF THIS ORDER IF WARRANTED BY THE FACTS AND THE APPLICABLE LAW SET FORTH IN THE ACCOMPANYING MEMORANDUM. IT IS FURTHER ORDERED THAT A PRELIMINARY PRETRIAL CONFERENCE WILL BE SCHEDULED IN DUE COURSE. SIGNED BY HONORABLE JAN E. DUBOIS ON 7/26/17. 7/27/17 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MARIA GARCIA DIXON,
Plaintiff,

CIVIL ACTION

v.
AMERIHEALTH ADMINISTRATORS,
Defendant.

NO. 17-1520

ORDER
AND NOW, this 26th day of July, 2017, upon consideration of Defendant Amerihealth
Administrators’ Motion to Dismiss Plaintiff’s First Amended Complaint (Doc. No. 9, filed June
30, 2017) and Plaintiff’s Response to Defendant’s Motion to Dismiss Amended Complaint (Doc.
No. 10, filed July 14, 2017), for the reasons set forth in the accompanying Memorandum dated
July 26, 2017, IT IS ORDERED that defendant’s Motion is GRANTED IN PART and
DENIED IN PART, as follows:
1.

That part of defendant’s Motion seeking dismissal of plaintiff’s claims for

disparate treatment discrimination and retaliation under 42 U.S.C. § 1981 and the Pennsylvania
Human Relations Act (“PHRA”) is DENIED; and
2.

That part of defendant’s Motion seeking dismissal of plaintiff’s claims for

harassment under § 1981 and the PHRA is GRANTED and those claims are DISMISSED
WITHOUT PREJUDICE to plaintiff’s right to file and serve a second amended complaint
within twenty (20) days of the entry of this Order if warranted by the facts and the applicable law
set forth in the accompanying Memorandum.

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IT IS FURTHER ORDERED that a Preliminary Pretrial Conference will be scheduled
in due course.
BY THE COURT:
/s/ Hon. Jan E. DuBois
DuBOIS, JAN E., J.

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