Suero v. Motorworld Automotive Group, Inc. et al

Filing 47

ORDER granting in part and denying in part 33 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part 38 Motion to Dismiss for Failure to State a Claim; granting 25 Motion to Dismiss Party. See Order for specific details. Signed by Honorable A. Richard Caputo on 1/31/17 (jam)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DEIVIS SUERO
CIVIL ACTION NO. 3:16-cv-00686

Plaintiff,
v.

(JUDGE CAPUTO)

MOTORWORLD AUTOMOTIVE
GROUP, INC., t/b/d/a MOTORWORLD
et. al,
Defendants.
ORDER
NOW, this 31st day of January, 2017, IT IS HEREBY ORDERED that:
(1)

The Motion for Partial Dismissal filed by Defendant Christopher Kovalchick
(Doc. 25) is GRANTED. Count III is DISMISSED with prejudice as to
Defendant Kovalchick.

(2)

The Motion to Dismiss filed by Defendant William Smith (Doc. 33) is
GRANTED in part and DENIED in part.
(a)

Defendant Smith’s Motion to Dismiss Count II is DENIED.

(b)

Defendant Smith’s Motion to Dismiss Count III is GRANTED. Count III
is DISMISSED without prejudice as to Defendant Smith. Plaintiff has
fourteen (14) days from the date of entry of this Order to file an
Amended Complaint to properly plead a PHRA claim against Defendant
Smith; otherwise, the claim will be dismissed with prejudice.

(c)

Defendant Smith’s Motion to Strike Plaintiff’s request for punitive
damages from Defendant Smith individually for claims brought under
42 U.S.C. § 1981 is DENIED.

(3)

The Court STRIKES Plaintiff’s request for punitive damages from all
Defendants for claims brought under the PHRA.

(4)

The Motion for Partial Judgment on the Pleadings (Doc. 38) filed by
Defendants Motorworld Automotive Group t/d/b/a Motorworld (“Motorworld”),
Jeff Evans, Allan Crawford, Michael Muchnik, and Scott Ashley (collectively,

the “Motorworld Defendants”) is GRANTED in part and DENIED in part.
(a)

The Motorworld Defendants’ Motion to dismiss Count I as to all
individually named Defendants is GRANTED. Count I is
DISMISSED with prejudice as to Defendants Evans, Crawford,
Muchnik, and Ashley, as well as Defendants Kovalchick and
Smith.

(b)

The Motorworld Defendants’ Motion to dismiss Count III as to
Defendants Evans, Crawford, and Muchnik is GRANTED. Count
III is DISMISSED with prejudice as to Defendants Evans,
Crawford, and Muchnik.

(c)

The Motorworld Defendants’ Motion to dismiss as time-barred
under the PHRA all allegations of discriminatory conduct
occurring before January 16, 2015 is GRANTED in part and
DENIED in part. The Motion is DENIED with respect to Plaintiff’s
hostile work environment claim under the PHRA against
Defendant Motorworld. The Motion is GRANTED with respect to
Plaintiff’s claim under 43 P.S. § 955(e) against Defendant
Ashley.

/s/ A. Richard Caputo
A. Richard Caputo
United States District Judge

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