LINDERMAN v. READING TRUCK BODY, LLC

Filing 20

OPINION/ORDER THAT THE MOTION TO DISMISS, ECF NO. 9, IS GRANTED IN PART AND DENIED IN PART. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 9/29/17. 9/29/17 ENTERED AND COPIES E-MAILED. (ky, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
____________________________________
PATRICK LINDERMAN,
Plaintiff,

:
:
:
v.
:
:
READING TRUCK BODY, LLC,
:
Defendant.
:
____________________________________

No. 5:17-cv-01120

ORDER
AND NOW, this 29th day of September, 2017, upon consideration of Defendant’s partial
Motion to Dismiss Plaintiff’s Amended Complaint, Plaintiff’s Response thereto, and for the
reasons set forth in the Opinion issued this date, IT IS HEREBY ORDERED THAT: the
Motion to Dismiss, ECF No. 9, is DENIED in part and GRANTED in part as follows:
1.

Defendant’s motion to dismiss the FMLA retaliation claim in Count I is

GRANTED, and Count I is DISMISSED with prejudice.
2.

Defendant’s motion to dismiss the ADA claim in Count II and the PHRA claim in

Count IV is GRANTED in part only to the extent that these counts may have included an
independent claim for failure to engage in the interactive process.
3.

Defendant’s motion to dismiss any request for punitive damages and non-

pecuniary compensatory damages in Count I is DENIED as moot.
4.

Defendant’s motion to dismiss any request for punitive damages in Counts IV and

V is GRANTED.

BY THE COURT:

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