Lynch v. Tasty Baking Company individually and d/b/a Tasy Cake et al

Filing 21

ORDER: UPON CONSIDERATION OF DEFENDANTS' MOTION TO DISMISS JAMES LYNCH'S AMENDED COMPLAINT (ECF 15), LYNCH'S RESPONSE (ECF 18), AND DEFENDANTS' REPLY (ECF 19), IT IS HEREBY ORDERED THAT DEFENDANTS' MOTION IS GRANTED IN PART AND DENIED IN PART.. SIGNED BY THE HONORABLE GERALD J. PAPPERT ON 6/5/24. 6/5/24 ENTERED AND COPIES E-MAILED.(kf)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JAMES LYNCH,
Plaintiff,

CIVIL ACTION
NO. 23–4445

v.
TASTY BAKING COMPANY d/b/a TASTY
CAKE, et al.,
Defendants.

ORDER
AND NOW, this 5th day of June 2024, upon consideration of Defendants’ Motion
to Dismiss James Lynch’s Amended Complaint (ECF No. 15), Lynch’s Response (ECF
No. 18), and Defendants’ Reply (ECF No. 19), it is hereby ORDERED that Defendants’
Motion is GRANTED in part and DENIED in part. It is further ORDERED that:
1. Defendants’ Motion to Dismiss Counts I, II, VI and IX claiming race
discrimination against Tasty Cake is DENIED.
2. Defendants’ Motion to Dismiss Counts I and II claiming hostile work
environment is GRANTED and the claims are DISMISSED with prejudice.
3. Defendants’ Motion to Dismiss Counts I, III, VII and X claiming race, disability
and gender retaliation is DENIED.
4. Defendants’ Motion to Dismiss Counts IV, VI and IX claiming disability
discrimination and failure to accommodate is DENIED.
5. Defendants’ Motion to Dismiss Count V claiming disability retaliation is
DENIED.

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6. Defendants’ Motion to Dismiss Counts I, VII, VIII, X and XI against Amber
Beattie, Jack Garrett, Christine Johnston and Hayley Angeline is GRANTED
and the claims are DISMISSED with prejudice.

BY THE COURT:
/s/ Gerald J. Pappert
Gerald J. Pappert, J.

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