PACHECO v. POCONO MEDICAL CENTER et al

Filing 18

ORDER (memorandum filed previously as separate docket entry). Motions #8 & #10 are both GRANTED. Plaintiff has twenty-one (21) days from the date of entry of this Order to file an Amended Complaint. (See Order for complete details).Signed by Honorable A. Richard Caputo on 8/16/17. (ga)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA MONIQUE PACHECO, NO. 3:16-CV-02461 Plaintiff, (JUDGE CAPUTO) v. POCONO MEDICAL CENTER and VLADIMIR NIKIFOROUK, M.D., Defendants. ORDER NOW, this 16th day of August, 2017, IT IS HEREBY ORDERED that: (1) Defendant Pocono Medical Center’s Motion to Dismiss (Doc. 10) is GRANTED. Plaintiff Monique Pacheco’s Title VII of Civil Rights Act of 1964, as amended 1991, 42 U.S.C. § 2000e, et seq. retaliation claim in Count I is DISMISSED without prejudice. Plaintiff has twenty-one (21) days from the date of entry of this Order to file a an Amended Complaint to properly plead her Title VII retaliation claim against Defendant Pocono Medical Center; otherwise, the claim will be dismissed with prejudice. (2) Defendant Vladimir Nikiforouk’s Motion to Dismiss (Doc. 8) is GRANTED. Plaintiff Monique Pacheco's Pennsylvania Wire Tapping and Electronic Surveillance Control Act, 18 Pa. C.S.A. § 5725, invasion of privacy claim in Count II is DISMISSED without prejudice to Plaintiff pursuing the claim in an appropriate state court. /s/ A. Richard Caputo A. Richard Caputo United States District Judge

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