TAYLOR v. BRENNAN et al

Filing 30

ORDER DISMISSING AS MOOT (DOC. 12), DISMISSING AS MOOT (DOC. 15), GRANTING (DOC. 20), GRANTING (DOC. 7), GRANTING (DOC. 11), GRANTING (DOC. 17). PLAINTIFF SHALL HAVE UNTIL 4/18/19 TO FILE A SECOND AMENDED COMPLAINT. SIGNED BY CHIEF JUDGE JUAN R. SANCHEZ ON 3/19/2019. 3/19/2019 ENTERED AND COPIES MAILED AND E-MAILED.(stwe, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DAVID W. TAYLOR
v.
MEGAN J. BRENNAN
UNITED STATES POSTAL SERVICE
POSTMASTER GENERAL, et al.

:
:
:
:
:
:
:

CIVIL ACTION
No. 18-2118

ORDER
AND NOW, this 19th day of March, 2019, upon consideration of the Plaintiff David W.
Taylor’s motions to amend, Defendants Megan Brennan, United States Postal Service Postmaster
General (USPS), American Postal Workers Union AFL-CIO, National (National) and American
Postal Workers Union AFL-CIO, Philadelphia, PA Area Local 89’s (Local) motions to dismiss,
the responses thereto, the parties’ presentations at the August 16, 2018, oral argument on the
motions, and for the reasons set forth in the accompanying Memorandum, it is ORDERED:
1.

Taylor’s “Motion to Amend[] Complaint” (Document 12) is DISMISSED as moot;

2.

Taylor’s “Motion to Amend[] Complaint” (Document 15) is DISMISSED as moot;

3.

Taylor’s Motion for Leave to Amend (Document 20) is GRANTED and the

Amended Complaint attached thereto shall be deemed filed;
4.
5.

The Local’s Motion to Dismiss (Document 11) is GRANTED;

6.

1

The National’s Motion to Dismiss (Document 7) is GRANTED 1;

USPS’s Motion to Dismiss (Document 17) is GRANTED; and

Plaintiff David W. Taylor filed five, largely identical, versions of his Complaint. Defendants
renewed their motions to dismiss via letter briefs after Taylor filed the operative Amended
Complaint (Document 20). See Resp. to Mot. to Amend, Aug. 7, 2018, ECF No. 23; Resp. to Mot.
to Amend, Aug. 9, 2018, ECF No. 24; Resp. in Opp’n to Mot. to Amend, Aug. 9, 2018, ECF No.
25. The Court discusses the procedural history of this matter in greater detail in the accompanying
Memorandum.

7.

Taylor shall have until April 18, 2019, to file a second amended complaint that

corrects the pleading deficiencies identified in the accompanying Memorandum. Failure to file a
second amended complaint within the time permitted may result in dismissal of such claims with
prejudice.

BY THE COURT:

/s/ Juan R. Sánchez
Juan R. Sánchez, C.J.