Davenport v. Mabus et al

Filing 62

ORDER (memorandum filed previously as separate docket entry)The plaintiffs motion for leave of court to file a second amended complaint, (Doc. 57), is GRANTED IN PART and, DENIED IN PART.(See order for details) Second Amended Complaint due by 11/15/2019.Signed by Honorable Malachy E Mannion on 11/4/19. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
LISA M. DAVENPORT,

:
:

Plaintiffs

CIVIL ACTION NO. 1:16-0494
:

v.
:

(JUDGE MANNION)

RICHARD SPENCER, SECRETARY
of the DEPT. of the NAVY,
:
Defendant

:
ORDER

In accordance with the Memorandum issued by the court this same day,
IT IS HEREBY ORDERED THAT:
(1)

The plaintiff’s motion for leave of court to file a second
amended complaint, (Doc. 57), is GRANTED IN PART and,
DENIED IN PART.

(2)

The motion is GRANTED only to the extent that plaintiff
is allowed to file a SAC that includes her disability
discrimination claim under the RA and her Title VII
gender discrimination claim.

(3)

The motion is DENIED to the extent that plaintiff seeks to
include her claim appealing the MSPB’s Final Decision
since JUDGMENT has been entered in favor of the defendant
and against the plaintiff with respect to this claim.

(4)

The plaintiff is directed to file her SAC without her claim
appealing the MSPB’s Final Decision, as specified in this
Order, on or before November 15, 2019.

(5) The defendant is directed to file his answer to plaintiff’s
SAC within 14 days of the date that he is served with it.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Date: November 4, 2019
16-0494-04-ORDER.wpd

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