Nayak v. Voith Turbo Inc

Filing 74

ORDER - IT IS HEREBY ORDERED THAT:1. Magistrate Judge Schwabs Report and Recommendation (Doc. No. 48) isADOPTED;2. Plaintiffs objections (Doc. No. 49) are OVERRULED;3. Defendants motion to dismiss (Doc. No. 14) is GRANTED IN PARTAND DENIED IN PART a s follows:a. Plaintiffs claims arising under Title VII, and his state law claimsfor breach of contract, fraud, wrongful termination and civilconspiracy, are DISMISSED WITH PREJUDICE;b. Plaintiffs state law claim for intentional infliction of emotiona ldistress is NOT DISMISSED;4. Plaintiffs first motion to invalidate the release agreement (Doc. No. 7) isDENIED;5. Plaintiffs motion to amend in order to file his proposed amendedcomplaint of August 8, 2014 (Doc. No. 28) is DENIED; 11. The case is re ferred back to Magistrate Judge Schwab for pre-trialmanagement, including resolution of any pending motions and, ifnecessary, a Report and Recommendation on same. 7 28 1 Complaint 36 14 60 48 36 Signed by Honorable Yvette Kane on 4/8/2015. SEE ORDER FOR MORE(sc)

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

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No. 1:14-cv-01053
(Judge Kane)
(Magistrate Judge Schwab)

ORDER
AND NOW, on this 8th day of April 2015, IT IS HEREBY ORDERED THAT:
1.

Magistrate Judge Schwab’s Report and Recommendation (Doc. No. 48) is
ADOPTED;

2.

Plaintiff’s objections (Doc. No. 49) are OVERRULED;

3.

Defendant’s motion to dismiss (Doc. No. 14) is GRANTED IN PART
AND DENIED IN PART as follows:
a.

Plaintiff’s claims arising under Title VII, and his state law claims
for breach of contract, fraud, wrongful termination and civil
conspiracy, are DISMISSED WITH PREJUDICE;

b.

Plaintiff’s state law claim for intentional infliction of emotional
distress is NOT DISMISSED;

4.

Plaintiff’s first motion to invalidate the release agreement (Doc. No. 7) is
DENIED;

5.

Plaintiff’s motion to amend in order to file his proposed amended
complaint of August 8, 2014 (Doc. No. 28) is DENIED;

6.

Plaintiff’s motion “to temporarily set aside or disregard Judge Caldwell’s
opinion in Nayak v. GCA Law Firm, et al.,” (Doc. No. 36) is DENIED;

7.

Plaintiff’s motion for oral argument (Doc. No. 50) is DENIED;

8.

Plaintiff’s motion for the recusal of Magistrate Judge Schwab (Doc. No.
51) is DENIED;

9.

Plaintiff’s motion to appoint counsel (Doc. No. 60) is DENIED;

10.

Plaintiff may file an amended complaint in accordance with the foregoing
memorandum within 21 days of the date of this order; and,

11.

The case is referred back to Magistrate Judge Schwab for pre-trial
management, including resolution of any pending motions and, if
necessary, a Report and Recommendation on same.
S/ Yvette Kane
Yvette Kane, District Judge
United States District Court
Middle District of Pennsylvania