Harper v. Misitano et al

Filing 28

ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED THAT: 1. Defendants Anthony Misitano and Post Acute Medical, LLC motion to dismiss (Doc. No. 9) is GRANTED as follows: Plaintiffs Title VII claim against Defendant A nthonyMisitano is DISMISSED WITH PREJUDICE, Plaintiffs intentional infliction of emotional distress claim against Defendants Anthony Misitano and Post Acute Medical is DISMISSED WITHOUT PREJUDICE;. 9 Signed by Honorable Yvette Kane on 8/22/16. SEE ORDER for additional details. (sc)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
SARAH HARPER
Plaintiff

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v.
ANTHONY MISITANO, et al.,
Defendants

No. 1:15-cv-2205
(Judge Kane)

ORDER
AND NOW, on this 22nd day of August 2016, IT IS HEREBY ORDERED THAT:
1.

Defendants’ Anthony Misitano and Post Acute Medical, LLC motion to
dismiss (Doc. No. 9) is GRANTED as follows:
a. Plaintiff’s Title VII claim against Defendant Anthony
Misitano, raised in Count I of Plaintiff’s complaint (Doc. No.
1), is DISMISSED WITH PREJUDICE;
b. Plaintiff’s intentional infliction of emotional distress claim
against Defendants Anthony Misitano and Post Acute Medical,
LLC, raised in Count II of Plaintiff’s complaint (Doc. No. 1), is
DISMISSED WITHOUT PREJUDICE;
c. Plaintiff’s negligent infliction of emotional distress claim
against Defendants Anthony Misitano and Post Acute Medical,
LLC, raised in Count III of Plaintiff’s complaint (Doc. No. 1),
is DISMISSED WITHOUT PREJUDICE; and
d. Plaintiff’s PHRA claims against Defendant Anthony Misitano,
raised in Count IV of Plaintiff’s complaint (Doc. No. 1), are
DISMISSED WITHOUT PREJUDICE.

2.

Plaintiff is granted leave to amend her complaint, (Doc. No. 1), within
thirty days of the date of this order to cure the defects noted in the
accompanying memorandum.

s/ Yvette Kane 
Yvette Kane, District Judge 
Middle District of Pennsylvania