Cartagena v. Service Source, Inc.

Filing 93

ORDER (Memorandum 92 filed previously as separate docket entry) - It is hereby ORDERED that: 1. Request to dismiss pltf's hostile work environment claims as time-barred by deft DENIED w/out prejudice to deft's rt to reassert motion @ trial if appropriate...; 2. Pltf granted leave to file by 1/31/19 6pm supp'l pleading setting forth factual allegations surrounding alleged 6/17 & 1/18 incidents of sexual harassment - Deft shall respond to same by 9am 2/4/19.; 3. Pltf's M TD 81 Ct III (negligent supervision) & Ct IV (intential & negligent infliction of emotional distress) of complaint GRANTED - deft may not intro evidence or testimony re: these claims or fact of their dismissal.; 4. Pltf may issue subpoena/notice to attend trial to deft's CEO J. Samuelson. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 1/29/19. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
PEDRO CARTAGENA,
Plaintiff
v.
SERVICE SOURCE, INC.,
Defendant

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CIVIL ACTION NO. 1:17-CV-742
(Chief Judge Conner)

ORDER
AND NOW, this 29th day of January, 2019, following the pretrial conference
with the parties and counsel of record in the above-captioned matter on
January 16, 2019, and upon consideration of the parties’ letter briefs regarding
outstanding pretrial issues, (Docs. 80, 84-85), and the motion (Doc. 81) to dismiss
Counts III and IV of the complaint filed by plaintiff Pedro Cartagena (“Cartagena”),
and for the reasons set forth in the accompanying memorandum, it is hereby
ORDERED that:
1.

The request to dismiss Cartagena’s hostile work environment claims as
time-barred by defendant Service Source, Inc. (“Service Source”), is
DENIED without prejudice to Service Source’s right to reassert its
motion at trial, if appropriate, pursuant to Federal Rule of Civil
Procedure 50.

2.

Cartagena is granted leave to file, on or before Thursday, January 31,
2019 at 6:00 p.m., a supplemental pleading setting forth factual
allegations surrounding the alleged June 2017 and January 2018
incidents of sexual harassment. Service Source shall respond to
Cartagena’s supplemental pleading on or before Monday, February 4,
2019 at 9:00 a.m. See FED. R. CIV. P. 15(d).

3.

Cartagena’s motion (Doc. 81) to dismiss Count III (negligent
supervision) and Count IV (intentional and negligent infliction of
emotional distress) of the complaint is GRANTED. Service Source
may not introduce evidence or testimony concerning these claims or
the fact of their dismissal.

4.

Cartagena may issue a subpoena/notice to attend trial to Service
Source’s chief executive officer, Janet Samuelson.

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