MELTON v. SOUTHEASTERN PENNSYLVANIA TRANSIT AUTHORITY (SEPTA)

Filing 59

ORDER THAT DEFENDANT'S MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART. SIGNED BY DISTRICT JUDGE MICHAEL M. BAYLSON ON 9/25/24. 9/25/24 ENTERED AND COPIES E-MAILED.(mbh)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
BERLAINE SMITH MELTON
Plaintiff,

CIVIL ACTION
NO. 23-1260

v.
SEPTA, SYLVIA FRITZ, and DENNIS
PAPADEAS,
Defendants.
ORDER RE: MOTION TO DISMISS
AND NOW this 25th day of September, 2024, upon review of Defendants’ Motion to
Dismiss, ECF 51, Plaintiff’s Response, ECF 56, and Defendants’ Reply, ECF 57, it is hereby
ORDERED that this Court GRANTS in part with prejudice and DENIES in part Defendant’s
Motion to Dismiss, as detailed below:
•

The Court dismisses Counts I, II, III, IV, VII, VIII without leave to amend;

•

The Court dismisses Count V as to Papadeas and Fritz without leave to amend;

•

The Court dismisses Count VI without leave to amend as to Papadeas in full, as to Fritz
for the ADA, ADEA, Title VII, § 1981, and the PHRA (to the extent the claim rests on
non-disability related allegations), and as to SEPTA for claims relating to Melton’s
April 2021 internal complaint; and

•

The Court dismisses Count IX without leave to amend as to Papadeas in full and as to
Fritz and SEPTA in part to the extent the claims rests on non-disability related
allegations.

This case will proceed only as to the following Counts:
•

Count VI against SEPTA for retaliation under the ADA and PHRA only as it relates to
allegations of retaliation based on purported disability;

•

Count V as to SEPTA for discrimination on the basis of disability under the ADA;

•

Count IX as to SEPTA and Fritz for allegations of disability discrimination under the
PHRA.
BY THE COURT:
s/ Michael M. Baylson
MICHAEL M. BAYLSON
United States District Court Judge

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