Allen v. Lackawanna County Board of Commissioners et al

Filing 49

ORDER (memorandum filed previously as separate docket entry); 46 REPORT AND RECOMMENDATIONS is ADOPTED in part. 36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Colin Holmes, Lackawanna County Board of Commissioners, Wi lliam Browning, Matthew J. Carmody, Brian Loughney is DENIED IN PART and GRANTED IN PART. Denied as to the following claims: Retaliation under the ADA; Hostile Work Environment under the ADA; Failure to Accommodate under the ADA; Disability Discri mination under the ADA; Retaliation under the FMLA; Fraud; Intentional Infliction of Emotional Distress; Fourteenth Amendment Due Process. The Motion is GRANTED in all other respects. The matter is REMANDED to Magistrate Judge Mehalchick for further proceedings.Signed by Honorable Robert D. Mariani on 9/23/19. (jam)

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