Popko v. Penn State Milton S. Hershey Medical Center et al

Filing 23

ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED THAT Defendants motion to dismiss (Doc. No. 13) is GRANTED IN PART and DENIED IN PART 13 . 1. Plaintiffs claims under the Pennsylvania Human Relations Act, 43 P.S. & #167; 951, et seq. are DISMISSED WITH PREJUDICE; 2. Plaintiffs claims under the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. are DISMISSED WITHOUT PREJUDICE; 3. Plaintiffs age iscrimination claim under the Age Discrimination in E mployment Act, 29 U.S.C.A. § 621, et seq. is not dismissed; to the extent also Plaintiff allegesa hostile work environment under the Age Discrimination in Employment Act, itis DISMISSED WITHOUT PREJUDICE; 4. Plaintiffs retaliation claim under Fa mily Medical Leave Act, 29 U.S.C.A. § 2601, et seq. is not dismissed; Plaintiffs interference claim under the Family Medical Leave Act is DISMISSED WITHOUT PREJUDICE; 5. Plaintiffs claim under Title VII is DISMISSED WITHOUT PREJUDICE, and 6. Plaintiffs breach of contract claim is DISMISSED WITHOUT PREJUDICE. 7. Plaintiff is granted leave to file an amended complaint within 21 days of the date of this order. Signed by Honorable Yvette Kane on 7/14/14. (sc)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DAVID J. POPKO,
Plaintiff,

v.
PENN STATE MILTON S.
HERSHEY MEDICAL CENTER, et al.,
Defendants

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No. 1:13-cv-01845

(Judge Kane)

ORDER
AND NOW, on this 14th day of July 2014, IT IS HEREBY ORDERED THAT
Defendants’ motion to dismiss (Doc. No. 13) is GRANTED IN PART and DENIED IN PART
as follows:
1.

Plaintiff’s claims under the Pennsylvania Human Relations Act, 43 P.S. § 951, et
seq. are DISMISSED WITH PREJUDICE;

2.

Plaintiff’s claims under the Americans With Disabilities Act, 42 U.S.C. § 12101,
et seq. are DISMISSED WITHOUT PREJUDICE;

3.

Plaintiff’s age discrimination claim under the Age Discrimination in Employment
Act, 29 U.S.C.A. § 621, et seq. is not dismissed; to the extent also Plaintiff alleges
a hostile work environment under the Age Discrimination in Employment Act, it
is DISMISSED WITHOUT PREJUDICE;

4.

Plaintiff’s retaliation claim under Family Medical Leave Act, 29 U.S.C.A. § 2601,
et seq. is not dismissed; Plaintiff’s interference claim under the Family Medical
Leave Act is DISMISSED WITHOUT PREJUDICE;

5.

Plaintiffs’ claim under Title VII is DISMISSED WITHOUT PREJUDICE, and

6.

Plaintiff’s breach of contract claim is DISMISSED WITHOUT PREJUDICE.

7.

Plaintiff is granted leave to file an amended complaint within 21 days of the date
of this order.

S/ Yvette Kane
Yvette Kane, District Judge
United States District Court
Middle District of Pennsylvania