Mastrella v. Brennan

Filing 34

ORDER (memorandum filed previously as separate docket entry)- it is hereby ORDERED that defendants motion (Doc. 24 ) to dismiss plaintiffs amended complaint is GRANTED in part and DENIED in part. Plaintiff is granted leave to amend the claims dismissed in paragraph1(a) within 21 days of the date of this order. SEE ORDER FOR COMPLETE DETAILS. Signed by Honorable Christopher C. Conner on 11/18/2021. (mw)

Download PDF
Case 1:20-cv-01037-CCC Document 34 Filed 11/18/21 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA ROBERT J. MASTRELLA, Plaintiff v. LOUIS DEJOY, POSTMASTER GENERAL, UNITED STATES POSTAL SERVICE, Defendant : : : : : : : : : : : CIVIL ACTION NO. 1:20-CV-1037 (Judge Conner) ORDER AND NOW, this 18th day of November, 2021, upon consideration of defendant’s motion (Doc. 24) to dismiss plaintiff’s amended complaint, and the parties’ briefs in support of and opposition thereto, and for the reasons set forth in the accompanying memorandum, it is hereby ORDERED that: 1. Defendant’s motion (Doc. 24) to dismiss plaintiff’s amended complaint is GRANTED in part and DENIED in part as set forth below. a. b. Defendant’s motion (Doc. 24) is further GRANTED to the extent that plaintiff’s claim under the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. § 4311, is DISMISSED for lack of subject matter jurisdiction. c. 2. Defendant’s motion (Doc. 24) is GRANTED to the extent that plaintiff’s discrimination claim and 2015 retaliation claim are DISMISSED without prejudice. Defendant’s motion (Doc. 24) is DENIED with respect to plaintiff’s 2018 retaliation claim. Plaintiff is granted leave to amend the claims dismissed in paragraph 1(a) within 21 days of the date of this order. In the absence of a timely filed amended complaint, the above-captioned action shall proceed on plaintiff’s 2018 retaliation claim alone. Case 1:20-cv-01037-CCC Document 34 Filed 11/18/21 Page 2 of 2 3. Defendant’s deadline to respond to the amended complaint under Federal Rule of Civil Procedure 12(a)(4)(A) is DEFERRED for the duration of the 21-day amendment period set forth in paragraph 2 above. /S/ CHRISTOPHER C. CONNER Christopher C. Conner United States District Judge Middle District of Pennsylvania

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?