Thourot v. Monroe Career & Technical Institute et al

Filing 46

ORDER (memorandum filed previously as separate docket entry), Deft's mot. to dismiss Granted in part and Denied in part. All claims against defts. Rushton & Carmella-Beers are dismissed w/prej. Remanding CASE to Magistrate Judge Joseph F. Saporito, Jr. Signed by Honorable Malachy E Mannion on 10/17/16. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
SHARON M. THOUROUT,

:
CIVIL ACTION NO. 3:14-1779
:

Plaintiff,
:
v.
:

(MANNION, D.J.)
(SAPORITO, M.J.)

MONROE CAREER & TECHNICAL
INSTITUTE, THOMAS J.
:
RUSHTON, and TANYA
CARMELLA-BEERS,
:
Defendants

:

ORDER
In accordance with the memorandum issued this same day, and upon
consideration of the defendants’ motion to dismiss, (Doc. 32), the report and
recommendation of Magistrate Judge Joseph F. Saporito, Jr., (Doc. 37), the
plaintiff’s objections, (Doc. 38), and the defendants brief in opposition, (Doc.
41), IT IS HEREBY ORDERED THAT the report and recommendation of
Judge Saporito is ADOPTED IN ITS ENTIRETY.
IT IS FURTHER ORDERED THAT the defendants’ motion to dismiss,
is GRANTED IN PART and DENIED IN PART as follows:

(1)

The defendants’ motion is DENIED with respect to the plaintiff’s
purported failure to comply with procedures set by this court’s
October 13, 2015 Order, (Doc. 28);

(2)

The defendants’ motion is DENIED with respect to all claims
asserted against defendant Monroe Career & Technical Institute;

(3)

The defendants’ motion is GRANTED with respect to all claims
against defendants Thomas J. Rushton and Tanya CarmellaBeers acting in their official capacities;

(4)

All claims against defendants Thomas J. Rushton and Tanya
Carmella-Beers are DISMISSED WITH PREJUDICE; and

(5)

The Clerk of Court is directed to remand this case to Judge
Saporito for further proceedings, including resolution of the
plaintiff’s September 30, 2016 request to the court, (Doc. 40),
which the court construes as a motion to strike pursuant to
Federal Rule of Civil Procedure 12(f).

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge

Dated: October 17, 2016
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2014 MEMORANDA\14-1779-02-Order.wpd

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