Rodrigues v. Motorworld Automotive Group, Inc. et al

Filing 32

ORDER granting in part and denying in part 19 Motion to Dismiss. Plaintiff has 14 days to file an Amended Complaint to properly plead a PHRA claim against Defendant Smith; otherwise, the claim will be dismissed with prejudice. See Order for additional, specific details. Signed by Honorable A. Richard Caputo on 3/17/17 (jam)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
MARK RODRIGUES,
CIVIL ACTION NO. 3:16-CV-1674

Plaintiff,
v.

(JUDGE CAPUTO)

MOTORWORLD AUTOMOTIVE
GROUP, INC., t/b/d/a MOTORWORLD et
al.,
Defendants.
ORDER
NOW, this 17th day of March, 2017, IT IS HEREBY ORDERED that the Motion to
Dismiss filed by Defendant William “Bill” Smith (Doc. 19) is GRANTED in part and DENIED
in part.
(1)

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

(2)

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.

(3)

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

(4)

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

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