JORDAN v. STAFFING PLUS

Filing 19

MEMORANDUM AND ORDER THAT DEFENDANT'S MOTION TO DISMISS THE AMENDED COMPLAINT 11 IS GRANTED AS FOLLOWS: 1. CLAIM ONE OF PLAINTIFF'S AMENDED COMPLAINT, ASSERTING WRONGFUL TERMINATION UNDER 42 USC:1981, IS DISMISSED WITH PREJUDICE. CLAIMS T WO THROUGH FOUR OF THE AMENDED COMPLAINT ASSERTING "BREACH OF CONTRACT," "SUSTAINED FAILURE OF GOOD FAITH AND FAIR DEALINGS," AND "DISCRIMINATION CONDUCT BASED OFF NEGATIVE PUBLICITY" ARE DISMISSED FOR LACK OF JURISDICTION, WITHOUT PREJUDICE TO PLAINTIFF FILING THESE CLAIMS IN STATE COURT. THE CLERK OF COURT IS DIRECTED TO CLOSE THIS CASE. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 6/20/18. 6/20/18 ENTERED & E-MAILED. MAILED TO JORDAN.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DOMINIQUE JORDAN,
Plaintiff,

Civil Action No. 17-4020

v.
STAFFING PLUS, INC.,
Defendant.
ORDER
AND NOW, this 20th day of June 2018, upon consideration of Defendant’s Motion to
Dismiss the Amended Complaint (Doc. No. 11), and Plaintiff’s response thereto (Doc. No. 12),
and for the reasons stated in the accompanying Memorandum Opinion, it is hereby ORDERED
that the Motion is GRANTED as follows:
1.

Claim One of Plaintiff’s Amended Complaint, asserting wrongful termination

under 42 U.S.C. § 1981, is DISMISSED WITH PREJUDICE.
2.

Claims Two through Four of the Amended Complaint, asserting “breach of

contract,” “sustained failure of good faith and fair dealings,” and “discrimination conduct based
off negative publicity” are DISMISSED FOR LACK OF JURISDICTION, without prejudice
to Plaintiff filing these claims in state court.
3.

The Clerk of Court is directed to CLOSE this case.

It is so ORDERED.
BY THE COURT:
/s/ Cynthia M. Rufe
_____________________________
CYNTHIA M. RUFE, J.