FLEET v. CSX INTERMODAL, INC. et al

Filing 40

ORDER THAT DEFENDANT LOWE'S MOTION TO DISMISS THE THIRD AMENDED COMPLAINT (ECF DOC. NO. 36 ) IS GRANTED IN PART AND DENIED IN PART: WE DENY MR. LOWE'S MOTION AS TO COUNTS ONE, FIVE, SIX, SEVEN, EIGHT, AND NINE LIMITED SOLELY TO THE DECEMBE R 31, 2016 INCIDENT; WE GRANT MR. LOWE'S MOTION AS TO COUNTS FOUR AND TEN IN THEIR ENTIRETY AND TO CLAIMS IN COUNTS ONE, FIVE, SIX, SEVEN, EIGHT, AND NINE BASED ON MR. LOWE'S CONDUCT OTHER THAN THE DECEMBER 31, 2016 INCIDENT; AND, MR. LOWE SHALL ANSWER THE THIRD AMENDED COMPLAINT RELATING TO THE REMAINING ALLEGATIONS AGAINST HIM LIMITED TO THE DECEMBER 31, 2016 INCIDENT NO LATER THAN MARCH 19, 2018. SIGNED BY HONORABLE MARK A. KEARNEY ON 3/5/18. 3/8/18 ENTERED AND COPIES E-MAILED. (va, )

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.

ORDER
AND NOW, this

gth

day of March 2018, upon considering Defendant Lowe's Motion to

dismiss the Third Amended Complaint (ECF Doc. No. 36), Plaintiffs Response (ECF Doc. No.
37), and for reasons in the accompanying Memorandum, it is ORDERED Defendant Lowe's
Motion to dismiss the Third Amended Complaint (ECF Doc. No. 36) is GRANTED in part and
DENIED in part:

1.

We deny Mr. Lowe's Motion as to Counts One, Five, Six, Seven, Eight, and Nine

limited solely to the December 31, 2016 incident;
2.

We grant Mr. Lowe's Motion as to Counts Four and Ten in their entirety and to

claims in Counts One, Five, Six, Seven, Eight, and Nine based on Mr. Lowe's conduct other than
the December 31, 2016 incident; and,
3.

Mr. Lowe shall answer the Third Amended Complaint relating to the remaining

allegations against him limited to the December 31, 2016 incident no later than March 19, 2018.