Nayak v. Voith Turbo Inc

Filing 134

ORDER ADOPTING REPORT AND RECOMMENDATIONS - Plaintiffs objections (Doc. No. 107 ) are OVERRULED. Defendants motion to dismiss (Doc. No. 127 ) is GRANTED IN PART AND DENIED IN PART. The above-captioned action is referred back to Magistrate Judge Schwab for further pre-trial management. Signed by Honorable the Yvette Kane on March 7, 2016. (kjn)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
SANDEEP NAYAK,
Plaintiff
v.
VOITH TURBO, INC. et al.,
Defendants

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No. 1:14-cv-1053
(Judge Kane)
(Magistrate Judge Schwab)

ORDER
AND NOW, on this 7th day of March 2016, IT IS HEREBY ORDERED THAT:
1.

Magistrate Judge Schwab’s Report and Recommendation (Doc. No. 104)
is ADOPTED;

2.

Plaintiff’s objections (Doc. No. 107) are OVERRULED;

3.

Defendant’s motion to dismiss (Doc. No. 127) is GRANTED IN PART
AND DENIED IN PART as follows:
a. Plaintiff’s Title VII claims, raised in Counts I, II, and III of
Plaintiff’s Complaint (Doc. No. 132), are DISMISSED WITH
PREJUDICE;
b. Plaintiff’s PHRA claims, raised in Counts I, II, and III of
Plaintiff’s Complaint (Doc. No. 132), are DISMISSED
WITHOUT PREJUDICE;
c. Counts IV, VI and VII of Plaintiff’s Complaint (Doc. No. 132)
are DISMISSED WITHOUT PREJUDICE; and
d. In all other respects, the motion is DENIED; and

4.

The above-captioned action is referred back to Magistrate Judge Schwab
for further pre-trial management.
_s/ Yvette Kane____________
Yvette Kane, District Judge
United States District Court