Merrifield v. Lock Haven University of Pennsylvania et al

Filing 46

ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED that Plaintiff's 21 Motion to Certify Class is DENIED WITHOUT PREJUDICE; Defendants' 37 Motion to Dismiss is GRANTED IN PART and DENIED IN PART; Defenda nts' 43 Motion for Extension of Time is GRANTED as follows: Discovery due by 1/28/2019. Dispositive Motions due by 4/2/2019. Plaintiff Expert Report is due by 7/5/2019. Defendant Expert Report is due by 8/6/2019. Expert Discovery Deadline is due by 10/18/2019. Pretrial Memos due by 9/17/2019. Case placed on the November 2019 trial term. (SEE ORDER FOR FURTHER/COMPLETE DETAILS.) Signed by Honorable Matthew W. Brann on 7/2/2018. (jr)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

No. 4:17-CV-01542

PATTIANN MERRIFIELD,

(Judge Brann)

Plaintiff,
v.
LOCK HAVEN UNIVERSITY OF
PENNSYLVANIA and DEANA HILL,
Defendants.

ORDER
JULY 2, 2018
In accordance with the accompanying Memorandum Opinion, IT IS
HEREBY ORDERED that:
1.

Plaintiff’s Motion to Certify Class, ECF NO. 21, is DENIED
WITHOUT PREJUDICE. If this case does not resolve in mediation,
Plaintiff may move for class certification again after the completion of
discovery.

2.

Defendants’ Motion to Dismiss, ECF No. 37, is GRANTED IN PART
and DENIED IN PART as follows:

a.

The motion is GRANTED as to Count I of Plaintiff’s Amended
Complaint, ECF No. 34, and that Count is DISMISSED WITH
PREJUDICE;

b.

The motion is GRANTED as to the claims in Counts II, III, V, and
VI against Lock Haven and against Deana Hill in her official
capacity, and those claims are DISMISSED WITHOUT
PREJUDICE;

c.

The motion is DENIED as to the claim in Count II against Deana
Hill in her personal capacity;

d.

The motion is GRANTED as to the requests for delay damages in
Counts I, II, III, V, and VI, and those requests are STRICKEN.

3.

Defendants’ Motion for an Extension of Time is GRANTED as follows:
a.

The parties SHALL PARTICIPATE in mediation as previously
ordered by this Court, ECF No. 20;

b.

Such mediation SHALL BE COMPLETED by October 30, 2018;

c.

If mediation is unsuccessful, the following deadlines replace those
outlined in this Court’s previous scheduling orders:
i.

Discovery deadline: January 28, 2019;

ii.

Dispositive motions due April 2, 2019;

iii.

Plaintiff’s expert report due July 5, 2019;

iv.

Defendants’ expert report due August 6, 2019;

v.

Supplemental/rebuttal expert reports due August 20, 2019;

vi.

Expert discovery deadline: October 18, 2019;

vii.

Motions in limine due September 3, 2019;

viii.

Pretrial memoranda, proposed voir dire questions, and
proposed jury instructions due September 17, 2019;

ix.

Final pre-trial conference: September 24, 2019;

x.

Jury selection & trial: November 2019.

BY THE COURT:

s/ Matthew W. Brann
Matthew W. Brann
United States District Judge