Mastrella v. Brennan
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)
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,
LOUIS DEJOY, POSTMASTER
GENERAL, UNITED STATES
CIVIL ACTION NO. 1:20-CV-1037
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:
Defendant’s motion (Doc. 24) to dismiss plaintiff’s amended complaint
is GRANTED in part and DENIED in part as set forth below.
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.
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
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
/S/ CHRISTOPHER C. CONNER
Christopher C. Conner
United States District Judge
Middle District of Pennsylvania
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