DIALLO v. COMMONWEALTH SUPPORTIVE SERVICES, LLC et al

Filing 11

ORDER THAT DEFENDANTS' MOTION TO DISMISS UNDER FED.R.CIV.P. 12 (b)(1) AND 12 (b)(6) IS GRANTED IN PART AND DENIED IN PART. PLAINTIFF'S RELIGIOUS DISCRIMINATION CLAIMS UNDER TITLE VII AND PHRA ARE DISMISSED WITH PREJUDICE; ETC.. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 1/3/19. 1/3/19 ENTERED AND E-MAILED.(jl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DJENABA DIALLO
CIVIL ACTION
v.
NO. 18-1517
COMMONWEALTH SUPPORT
SERVICES, et al.

ORDER RE: MOTION TO DISMISS
AND NOW, this 3rd day of January, 2019, upon consideration of Defendants’ Motion to
Dismiss (ECF 7), Plaintiff’s Response thereto (ECF 8), and Defendants’ Reply thereto (ECF 9),
and for the reasons set out in the accompanying Memorandum, it is hereby ORDERED that:
1. Plaintiff’s religious discrimination claims under Title VII and PHRA are DISMISSED
with prejudice;
2. Plaintiff’s race discrimination claims under Title VII, PHRA, and § 1981, and
retaliation claims under § 1981 are DISMISSED without prejudice, with leave to
amend the complaint within twenty-one (21) days; and
3. Defendants’ Motion is DENIED as to the rest of Plaintiffs claims—national origin
discrimination and retaliation under Title VII and the PHRA, and aiding and abetting
under the PHRA.

BY THE COURT:
/s/ Michael M. Baylson
Michael M. Baylson, U.S.D.J.

O:\CIVIL 18\18-1517 Diallo v. Commonwealth Support Services\18cv1517 MTD Order.docx