Gilbert v. Milton Hershey School

Filing 22

ORDER (Memorandum 21 filed previously as separate docket entry) GRANTING in part & DENYING in part Milton Hershey's MTD 14 ... (see Paras 1a-d for specifics), granting Gilbert leave to amend her pleading w/in 20 days of date of this order con sistent w/ Para 1 & in absence of timely filed 2nd amended complaint action shall proceed on remaining claims, & DENYING Gilbert's motion 16 to strike pursuant to Rule 12(f) of FRCP. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 8/30/17. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
KIERSTIN GILBERT,
Plaintiff
v.
MILTON HERSHEY SCHOOL,
Defendant

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CIVIL ACTION NO. 1:16-CV-1798
(Chief Judge Conner)

ORDER
AND NOW, this 30th day of August, 2017, upon consideration of the motion
(Doc. 14) filed by defendant Milton Hershey School (“Milton Hershey”), seeking to
dismiss the amended complaint (Doc. 12) of plaintiff Kierstin Gilbert (“Gilbert”),
and the parties’ respective briefs in support of and opposition to said motion (Docs.
15, 17, 19), and for the reasons stated in the accompanying memorandum, it is
hereby ORDERED that:
1.

Milton Hershey’s motion (Doc. 14) to dismiss is GRANTED in part and
DENIED in part as follows:
a.

Gilbert’s discrimination claims premised on comments in her
performance evaluation and the denial of materials are
DISMISSED without prejudice.

b.

Gilbert’s Title VII retaliation claim based on opposition to
discrimination against students is DISMISSED with prejudice.

c.

Gilbert’s remaining retaliation claims under Title VII and the
PHRA are DISMISSED without prejudice.

d.

Milton Hershey’s motion (Doc. 14) is otherwise DENIED.

2.

Gilbert is granted leave to amend her pleading within twenty (20) days
of the date of this order, consistent with paragraph 1 above. In the
absence of a timely-filed second amended complaint, the abovecaptioned action shall proceed on the remaining claims.

3.

Gilbert’s motion (Doc. 16) to strike pursuant to Rule 12(f) of the
Federal Rules of Civil Procedure is DENIED.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania

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