BARTLETT et al v. KUTZTOWN UNIVERSITY et al

Filing 27

MEMORANDUM AND ORDER THAT DEFENDANTS MOTION TO DISMISS (DOC. 23) IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. DEFENDANTS REQUEST TO TRANSFER VENUE OR SEVER IS DENIED.. SIGNED BY HONORABLE C. DARNELL JONES, II ON 2/23/15. 2/24/15 ENTERED AND COPIES EMAILED.(rf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

CAMILLE BARTLETT; BONNIE YURVATI; :
MICHAEL SITKUS; JACK GRANT; GLENN
GODSHALL; and WILLIAM STAHLER
Plaintiffs,
:
v.
:
KUTZTOWN UNIVERSITY;
EAST STROUDSBURG UNIVERSITY;
JAVIER CEVALLOS, in his personal and
:
professional capacities; CARLOS VARGAS
ABURTO, in his personal and professional
capacities; GERALD SILBERMAN, in his
:
personal and professional capacities; SHARON
PICUS, in her personal and professional
capacities; JOHN GREEN, in his personal and :
professional capacities; THERESA FRITSCHE,
in her personal and professional capacities;
MARCIA G WELSH, in her personal and
:
professional capacities; and PENNSYLVANIA
STATE SYSTEM OF HIGHER EDUCATION
Defendants.
:

CIVIL ACTION
NO. 13-4331

ORDER

AND NOW, this 23rd day of February, 2015, upon consideration of Defendants’ Motion
to Dismiss (Doc. No. 23) and Plaintiffs’ Opposition thereto (Doc. No. 25), it is hereby
ORDERED as follows:
(1)

Defendants’ Motion to Dismiss Counts I, II, V, VI, VII, IX, X, XI, XII
of Plaintiffs’ Second Amended Complaint is GRANTED and said Counts
are DISMISSED WITH PREJUDICE;

Page 1 of 3

(2)

Defendants’ Motion to Dismiss Counts III and IV is GRANTED in part
and DENIED in part:
(a)

Plaintiff Yurvati’s Title VII gender discrimination and
retaliation claims (Counts III and IV) shall be DISMISSED
WITHOUT PREJUDICE for failure to adequately
demonstrate that she has exhausted her administrative
remedies. Said Plaintiff shall have thirty (30) days from
the date of this Order to amend accordingly; 1

(b)

Plaintiff Bartlett’s Title VII gender discrimination claim
(Count III) shall be DISMISSED WITHOUT PREJUDICE
for failure to demonstrate that she has adequately exhausted
her administrative remedies and for failure to sufficiently
plead a plausible claim of gender discrimination. Said
Plaintiff shall have thirty (30) days from the date of this
Order to amend accordingly; and

(c)

Plaintiff Bartlett’s Title VII gender retaliation claim (Count
IV) shall be DISMISSED WITH PREJUDICE. Although
said Plaintiff has exhausted her administrative remedies
with regard to this claim, her Complaint is devoid of the
facts necessary to establish a plausible retaliation claim
against Defendant KU and the extensive facts contained
within her Second Amended Complaint provide this Court
with no indication that further amendment could cure this
defect;

(3)

Defendants’ Motion to Dismiss Count VIII of Plaintiffs’ Second Amended
Complaint is GRANTED as to Defendant Welsh and DENIED as to
Defendants Cevallos, Vargas, Silberman, Picus, Green and Fritsche;

(4)

Defendants’ Motion to Dismiss Count XIII of Plaintiffs’ Second Amended
Complaint is GRANTED as to Defendant Welsh and DENIED as to
Defendants Cevallos, Vargas, Silberman, Picus, Green and Fritsche;

(5)

Defendants’ Motion to Dismiss Count XIV of Plaintiffs’ Second Amended
Complaint is GRANTED and said Count is DISMISSED WITH
PREJUDICE;

(6)

Defendants’ Motion to Dismiss or Strike Plaintiffs’ request for punitive
damages under the PHRA is GRANTED and said request is hereby
STRICKEN; and

1

This Court notes that Plaintiffs have not requested leave to amend as an alternative to dismissal.
However, in the interests of justice, the court will offer Plaintiffs an opportunity to amend as
specified herein.
Page 2 of 3

(7)

Defendants’ request to Transfer Venue or Sever is DENIED.

BY THE COURT:

/s/ C. Darnell Jones, II
C. Darnell Jones, II

Page 3 of 3

J.