HIGHTOWER v. WELLS FARGO BANK, N.A.

Filing 21

ORDER THAT DEFENDANT'S MOTION TO STRIKE PLAINTIFFS' CLASS ALLEGATIONS IS GRANTED WITHOUT PREJUDICE, AND THE CLASS ALLEGATIONS ARE HEREBY STRICKEN FROM THE AMENDED COMPLAINT. DEFENDANTS MOTION TO DISMISS IS GRANTED AS TO PLAINTIFFS' DIS PARTE IMPACT CLAIMS, WHICH ARE DISMISSED WITHOUT PREJUDICE, AND GRANTED AS TO PLAINTIFF CHAMICKA POLLOCK'S TITLE VII CLAIMS, WHICH ARE DISMISSED WITH PREJUDICE. DEFENDANT'S MOTION TO DISMISS IS DENIED AS TO PLAINTIFFS' INDIVIDUAL PATTERN OR PRACTICE CLAIMS. SIGNED BY HONORABLE GERALD A. MCHUGH ON 3/28/2018. 3/28/2018 ENTERED AND COPIES E-MAILED.(sg, )

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

FRANK HIGHTOWER and
CHAMICKA POLLOCK,
on behalf of themselves and all other
similarly situated persons,
Plaintiffs,
v.
WELLS FARGO BANK, N.A.,
Defendant.

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CIVIL ACTION
No. 17-04119

ORDER
This 28th day of March, 2018, upon consideration of Defendant Wells Fargo Bank,
N.A.’s Motion to Dismiss and to Strike Class Allegations, ECF No. 16, and Plaintiffs Frank
Hightower and Chamicka Pollock’s Response in Opposition, ECF No. 18, it is hereby
ORDERED that:
1. Defendant’s Motion to Strike Plaintiffs’ class allegations is GRANTED without
prejudice, and the class allegations are hereby stricken from the Amended Complaint;
2. Defendant’s Motion to Dismiss is GRANTED as to Plaintiffs’ disparate impact claims,
which are DISMISSED without prejudice, and GRANTED as to Plaintiff Chamicka
Pollock’s Title VII claims, which are DISMISSED with prejudice; and
3. Defendant’s Motion to Dismiss is DENIED as to Plaintiffs’ individual pattern or practice
claims.

/s/ Gerald Austin McHugh
United States District Judge