WHITE v. CHESTER HOUSING COMMUNITY CORP. et al

Filing 22

MEMORANDUM AND ORDER THAT DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT 7 IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: THE MOTION IS GRANTED INSOFAR AS IT SEEKS DISMISSAL OF (A) THE RETALIATORY DISCHARGE CLAIMS IN COUNTS II, IV, AND V; (B) THE ADA CLAIM (COUNT VI); AND (C) THE FAIR LABOR STANDARDS ACT CLAIM (COUNTS VIII), AND THOSE CLAIMS ARE DISMISSED, ALTHOUGH THE FLSA CLAIM IS DISMISSED WITHOUT PREJUDICE. THE MOTION IS DENIED INSOFAR AS IT SEEKS DISMISSAL OF (A) THE HOSTILE WORK ENVIRONMENT CLAIMS IN COUNT II AND III; AND (B) THE 42 USC:1983 CLAIMS IN COUNTS X AND XI. PLAINTIFF IS GRANTED LEAVE TO AMEND THE COMPLAINT AS TO COUNT VIII ONLY. ANY AMENDED COMPLAINT SHALL BE FILED ON OR BEFORE 4/24/18. SIGNED BY HONORABLE JOHN R. PADOVA ON 4/4/18. 4/4/18 ENTERED & E-MAILED.(fdc)

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

:
:
v.
:
:
CHESTER HOUSING AUTHORITY, ET AL. :

CIVIL ACTION

NO. 17-1790

ORDER
AND NOW, this 4th day of April, 2018, upon consideration of Defendants’ Motion to
Dismiss Plaintiff’s First Amended Complaint (Docket No. 7), and all documents filed in
connection therewith, and in accordance with the accompanying Memorandum, IT IS HEREBY
ORDERED that the Motion is GRANTED IN PART and DENIED IN PART as follows:
1.

The Motion to GRANTED insofar as it seeks dismissal of (a) the retaliatory

discharge claims in Counts II, IV, and V; (b) the ADA claim (Count VI); and (c) the Fair Labor
Standards Act claim (Counts VIII), and those claims are DISMISSED, although the FLSA claim
is DISMISSED WITHOUT PREJUDICE.
2.

The Motion is DENIED insofar as it seeks dismissal of (a) the hostile work

environment claims in Count II and III; and (b) the 42 U.S.C. § 1983 claims in Counts X and XI.
3.

Plaintiff is GRANTED leave to amend the Complaint as to Count VIII only. Any

amended complaint shall be filed on or before April 24, 2018

BY THE COURT:
/s/ John R. Padova, J.
John R. Padova, J.