Baker v. Benton Area School District et al

Filing 27

ORDER (memorandum filed previously as separate docket entry): IT IS HEREBY ORDERED that 15 Motion to Dismiss filed by Columbia Montour Snyder Union Counties of Central Pennsylvania is GRANTED IN PART AND DENIED IN PART; 19 Motion to Dismiss file d by the Benton Area School District, Coleen Genovese, Kelly Kocher, and Lindsay Rado is GRANTED IN PART AND DENIED IN PART; Plaintiff's request for a jury trial on her Pennsylvania Whistleblower Law claims (Count II) is DENIED; and Plaintiff is GRANTED leave to amend her complaint, as indicated in the accompanying Memorandum, no later than twenty one (21) days from the date of this Order. (See Order for further details.)Signed by Honorable Matthew W. Brann on 8/28/2017. (jn)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
STEPHANIE BAKER,

:
:
Plaintiff,
:
:
v.
:
:
BENTON AREA SCHOOL DISTRICT, :
COLUMBIA MONTOUR SNYDER
:
UNION COUNTIES OF CENTRAL
:
PENNSYLVANIA SERVICE
:
SYSTEM, COLEEN GENOVESE,
:
KELLY KOCHER, and
:
LINDSAY RADO,
:
:
Defendants.
:

No. 4:16-CV-02311
(Judge Brann)

ORDER
AND NOW, this 28th day of August 2017, in accordance with the
accompanying Memorandum, IT IS HEREBY ORDERED that:
1.

The Motion to Dismiss filed by Columbia Montour Snyder Union
Counties of Central Pennsylvania, ECF No. 15, is GRANTED IN
PART AND DENIED IN PART as follows:
a. The motion is GRANTED WITHOUT PREJUDICE as to
Plaintiff’s First Amendment retaliation claim (Count I).
b. The motion is DENIED as to Plaintiff’s Pennsylvania
Whistleblower Law claim (Count II).
c. The motion is GRANTED WITHOUT PREJUDICE as to
Plaintiff’s due process claim (Count III).

2. The Motion to Dismiss filed by the Benton Area School District, Coleen
Genovese, Kelly Kocher, and Lindsay Rado, ECF NO. 19, is
GRANTED IN PART AND DENIED IN PART as follows:
a. The motion is GRANTED WITHOUT PREJUDICE as to
Plaintiff’s First Amendment retaliation claim (Count I) brought
against the Benton Area School District.
b. The motion is DENIED as to Plaintiff’s First Amendment
retaliation claim (Count I) brought against Coleen Genovese, Kelly
Kocher, and Lindsay Rado.
c. The motion is DENIED as to Plaintiff’s Pennsylvania
Whistleblower Law claim (Count II).
d. The motion is GRANTED WITHOUT PREJUDICE as to
Plaintiff’s defamation claim (Count IV).
3. Plaintiff’s request for a jury trial on her Pennsylvania Whistleblower Law
claims (Count II) is DENIED.
4. Plaintiff is GRANTED leave to amend her complaint, as indicated in the
accompanying Memorandum, no later than twenty one (21) days from
the date of this Order.
BY THE COURT:
s/ Matthew W. Brann
Matthew W. Brann
United States District Judge
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