CHILDS v. FITNESS INTERNATIONAL, LLC et al

Filing 19

ORDER DENYING 11 DEFENDANT FITNESS INTERNATIONAL LLC'S MOTION TO COMPEL ARBITRATION AND GRANTING IN PART AND DENYING IN PART 13 DEFENDANT'S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AS FOLLOWS: COUNTS II (INVASION OF PRIVACY), III (ASSAULT AND BATTERY), AND IV (SEXUAL HARASSMENT) ARE DISMISSED WITH PREJUDICE; AND THE MOTION IS DENIED AS TO ALL OTHER COUNTS. SIGNED BY DISTRICT JUDGE JOSHUA D. WOLSON ON 5/22/2023. 5/22/2023 ENTERED AND E-MAILED.(ja)

Case 2:22-cv-05196-JDW Document 19 Filed 05/22/23 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CRYSTAL CHILDS,
Case No. 2:22-cv-05196-JDW

Plaintiff,
v.
FITNESS INTERNATIONAL LLC d/b/a
LA FITNESS,

Defendant.
ORDER
AND NOW, this 22nd day of May, 2023, upon consideration of Defendant Fitness
International LLC’s Motion To Compel Arbitration (ECF No. 11) and Motion To Dismiss For
Failure To State A Claim (ECF No. 13), and for the reasons stated in the accompanying
Memorandum, it is ORDERED as follows:
1.

The Motion To Compel Arbitration (ECF No. 11) is DENIED;

2.

The Motion To Dismiss (ECF No. 13) is GRANTED IN PART and DENIED IN

PART as follows:
a.

Counts II (Invasion Of Privacy), III (Assault And Battery), and IV (Sexual

Harassment) are DISMISSED WITH PREJUDICE;
b.

The Motion is DENIED as to all other Counts.
BY THE COURT:

/s/ Joshua D. Wolson
JOSHUA D. WOLSON, J.