MARCIAL-DELIMA v. EASTON DOUGHNUTS, LLC et al

Filing 15

MEMORANDUM AND ORDER THE DEFENDANTS MOTION TO DISMISS IS GRANTED WITH RESPECT TO THE PLAINTIFFS HOSTILE WORK ENVIRONMENT CLAIM IN COUNT ONE. THE HOSTILE WORK ENVIRONMENT CLAIM IS DISMISSED WITHOUT PREJUDICE. THE DEFENDANTS MOTION TO DISMISS IS DENIED IN ALL OTHER RESPECTS. THE PLAINTIFF HAS 20 DAYS IN WHICH TO FILE A SECOND AMENDED COMPLAINT. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 3/22/17. 3/23/17 ENTERED AND COPIES EMAILED.(rf, )

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

MARYLYN MARCIAL-DELIMA,

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Plaintiff,
v.
EASTON DOUGHNUTS, et al.,
Defendants.

CIVIL ACTION
NO. 16-2631

ORDER
AND NOW, this 22nd day of March, 2017, upon consideration of the defendants’
Motion to Dismiss (Docket No. 9) and the plaintiff’s Response in Opposition (Docket
Nos. 11 and 12), it is hereby ORDERED that:
1. The defendants’ motion to dismiss is GRANTED with respect to the plaintiff’s
hostile work environment claim in count one. The hostile work environment
claim is DISMISSED WITHOUT PREJUDICE.
2. The defendants’ motion to dismiss is DENIED in all other respects.
3. The plaintiff has twenty (20) days in which to file a second amended
complaint.
It is so ORDERED.
BY THE COURT:

/s/ Lawrence F. Stengel
LAWRENCE F. STENGEL, J.