HOWELL v. MILLERSVILLE UNIVERSITY OF PENNSYLVANIA et al

Filing 29

OPINION/ORDER THAT DEFENDANTS' MOTION TO DISMISS THE AMENDED COMPLAINT, ECF NO. 9, IS GRANTED IN PART AND DENIED IN PART. PLAINTIFF MAY HAVE UNTIL 8/11/17 TO FILE AN AMENDED COMPLAINT, AND DEFENDANT SHALL HAVE UNTIL 8/25/17 TO RESPOND TO HOWELL'S AMENDED COMPLAINT. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 7/27/17. 7/27/17 ENTERED AND COPIES E-MAILED.(ky, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
ALLEN HOWELL,

:
:
Plaintiff
:
:
v.
:
:
MILLERSVILLE UNIVERSITY OF
:
PENNSYLVANIA;
:
MICHEAL HOULAHAN;
:
PHILLIP TACKA; N. KEITH WILEY;
:
CHRISTY BANKS; and DIANE UMBLE,
:
:
Defendants
:
__________________________________________

No. 5:17-cv-00075

ORDER
And now, this 27th day of July, 2017, for the reasons set forth in the accompanying
opinion issued this day, it is ORDERED as follows:
1.

Defendants’ Motion to Dismiss the Amended Complaint in Part, ECF No. 9, is
GRANTED IN PART and DENIED IN PART, as follows:
(a)

(b)

Defendants’ Motion to Dismiss Plaintiff’s claim for retaliation under Title
IX of the Education Amendments of 1972 is GRANTED without
prejudice.

(c)

Defendants’ Motion to Dismiss Plaintiff’s claim for retaliation under the
First Amendment is GRANTED without prejudice.

(d)

2.

Defendants’ Motion to Dismiss Plaintiff’s claims under the Age
Discrimination in Employment Act of 1967 is DENIED.

Defendants’ Motion to Dismiss Plaintiff’s claims under the Pennsylvania
Human Relations Act is DENIED as moot.

Plaintiff may have until August 11, 2017, to file an amended complaint, solely for
the purpose of addressing the deficiencies the Court identified in the
accompanying opinion with his claims for retaliation under Title IX and
retaliation under the First Amendment.

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3.

Defendants shall have until August 25, 2017, to respond to Howell’s amended
complaint, if he chooses to file one.
BY THE COURT:

/s/ Joseph F. Leeson, Jr.___________
JOSEPH F. LEESON, JR.
United States District Judge

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