FLEET v. CSX INTERMODAL, INC. et al

Filing 24

ORDER THAT DEFENDANT LOWE'S MOTION TO DISMISS (DOC. 14 ) IS GRANTED: WITH PREJUDICE AS TO MR. FLEET'S TITLE VII AND SECOND 955(a) CLAIMS AGAINST DEFENDANT LOWE; WITHOUT PREJUDICE AS TO MR. FLEET'S CLAIMS AGAINST DEFENDANT LOWE UNDER SECTION 1981, ETC.. PLAINTIFF'S MOTION TO AMEND (DOC. 22 ) IS DENIED AS MOOT. SIGNED BY HONORABLE MARK A. KEARNEY ON 12/20/2017. 12/20/2017 ENTERED AND COPIES E-MAILED.(sg, )

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

JOHN FLEET

CIVIL ACTION

v.

NO. 17-3562

CSX INTERMODAL, INC., et al.

~t:·iLED
OEC 20 20\7

ORDER

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By_ =·

AND NOW, this 20th day of December 2017, upon considering Defendant Lowe's
Motion to dismiss the amended complaint (ECF Doc. No. 14), Plaintiffs Response (ECF Doc.
No. 21), Plaintiffs Motion for leave to amend to supplement inadvertent omissions ·(ECF Doc.
No. 22) and for reasons in the accompanying Memorandum, it is ORDERED:
1.

Defendant Lowe's Motion to dismiss (ECF Doc. No. 14) is GRANTED:
a.

with prejudice as to Mr. Fleet's Title VII and Section 955(a) claims

against Defendant Lowe;
b.

without prejudice as to Mr. Fleet's claims against Defendant Lowe under

Section 1981, the Family and Medical Leave Act, Section 955 (d) and (e) of the Pennsylvania
Human Relations Act and Section 9-1103 of the Philadelphia Fair Practices Ordinance with
leave for Plaintiff to file a second amended complaint no later than January 4, 2018 addressing,
if possible under Fed. R. Civ. P. 11, the identified deficiencies in his remaining claims against
Defendant Lowe and supplementing under his Motion for leave (ECF Doc. No. 22); and,
2. Plaintiffs Motion to amend (ECF Doc. No. 22) is DENIED as moot.

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