Griffin v. Don E. Bower, Inc.

Filing 34

ORDER (memorandum filed previously as separate docket entry) The plaintiffs motion, (Doc. 9), is GRANTED IN PART and DENIED IN PART with respect to the sixteenth affirmative defense listed in the defendants answer, (Doc. 5), to the plaintiffs complaint, (Doc. 1);( See order for details)Signed by Honorable Malachy E Mannion on 9/28/17. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
ERIC GRIFFIN,

:

Plaintiff,

: CIVIL ACTION NO. 3:16-2412

v.

:

DON E. BOWER, INC.,

:

Defendant.

(JUDGE MANNION)

:
ORDER

In light of the court’s memorandum issued this same day, IT IS
HEREBY ORDERED THAT the plaintiff’s motion to strike, (Doc. 9), is
GRANTED IN PART and DENIED IN PART as follows:

(1)

The plaintiff’s motion, (Doc. 9), is granted with respect to the fifth,
sixth, seventh, eight, ninth, tenth, eleventh, twelfth, thirteenth,
fifteenth, seventeenth, eighteenth, nineteenth, and twentieth
affirmative defenses listed in the defendant’s answer, (Doc. 5), to
the plaintiff’s complaint, (Doc. 1);

(2)

The fifth, sixth, seventh, eight, ninth, tenth, eleventh, twelfth,
thirteenth, fifteenth, seventeenth, eighteenth, nineteenth, and
twentieth affirmative defenses listed in the defendant’s answer,
(Doc. 5), are STRICKEN as redundant and/or legally deficient;

(3)

The plaintiff’s motion, (Doc. 9), is GRANTED IN PART and
DENIED IN PART with respect to the sixteenth affirmative
defense listed in the defendant’s answer, (Doc. 5), to the plaintiff’s
complaint, (Doc. 1);

(4)

The portion of the defendant’s sixteenth affirmative defenses
alleging that the plaintiff was fired due to a lack of work will stand
and the plaintiff’s motion is DENIED to the extent it seeks to strike
this allegation as an affirmative defense; and

(5)

The remaining portion of the defendant’s sixteenth affirmative
defense is STRICKEN and the plaintiff’s motion is GRANTED in
this respect.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Dated: September 28, 2017
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2016 MEMORANDA\16-2412-01 Order.wpd

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