Witmer v. Arthur J. Gallagher & Co. et al
| Chuck E. Witmer, Sr. |
| Arthur J. Gallagher & Co., Gallagher Bassett Services, Dean Snyder and Martin Essig |
| 1:2008cv01329 |
| July 14, 2008 |
| US District Court for the Middle District of Pennsylvania |
| Civil Rights: Jobs Office |
| Cumberland |
| Yvette Kane |
| Plaintiff |
| Federal Question |
| 42:2000 Job Discrimination (Age) |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
25
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the REPORT AND RECOMMENDATION of MJ Blewitt is ADOPTED. 22 Defts' 18 Motion to Dismiss and Strike is GRANTED IN PART AND DENIED IN PART. Count 4 of Pltf's amdcmp is dismissed but paragraphs 25 and 30 of Pltf's amdcmp are not stricken. This case is recommitted to the Mag. Judge for further proceedings. Signed by Chief Judge Yvette Kane on August 31, 2009. (sc)
|
|
Filing
22
REPORT AND RECOMMENDATION; IT IS RECOMMENDED that the Defts' Motion to Dismiss and Strike be granted in part and denied in part. (Doc l8) First, it is recommended that defts' Motion to Dismiss plf's claim for Intentional Infliction of Emotional Distress asserted in his Amended Complaint (Doc l5, Count Four) be granted because plf's claim this claim is time-barred. Second, it is recommended that defts' Motion to Strike be denied, as plf's allegations contained in Par agraphs 25 and 30 of his Amended Complaint are neither immaterial, impertinent, or scandalous. Finally, it is recommended that this case be recommitted to the undersigned for further proceedings regarding plf's remaining ADEA claims raised against defts AGC and GBS alleged in his Amended Complaint. NOTICE; Exceptions to be filed within l0 days. Objections to R&R due by 7/20/2009Signed by Magistrate Judge Thomas M. Blewitt on 7/2/09. (jb, )
|
|
Filing
14
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the Dfts objections to the R&R is SUSTAINED. The R&R is ADOPTED IN PART and REJECTED IN PART and the motion to dismiss is GRANTED as follows: 1)The R&R is ADOPTED in respect to every finding other than the finding re Pltf's Title VII age discrimination clm made under the First Cause of Action. 2)Pltf's gender, race and age discrimination clms alleged in the First and Second Causes of Action brought under Title VII are all dismissed. 3)Pl tf's state law clms alleged in the Third thru Ninth Causes of Action are dismissed; 4)Pltf is granted leave to amd his complaint to allege an age discrimination clm under the ADEA or PHRA w/i 30 days. 5)Pltf is directed to effect service of his amdcmp w/i 30 days on dft GBS if he chooses to amend. 6)Dfts Essig and Snyder are DISMISSED from the case. 7)All further proceedings in this case are recommitted to MJ Blewitt. 5 12 Signed by Chief Judge Yvette Kane on March 31, 2009. SEE MEMORANDUM AND ORDER FOR DETAILS. (sc)
|
|
Filing
12
REPORT AND RECOMMENDATION that: Defendants' Motion to Dismiss 5 be GRANTED; Notice of the Mag. Judge attached; Objections to R&R due by 3/19/2009Signed by Magistrate Judge Thomas M. Blewitt on 3/2/09. (kn, )
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Pennsylvania Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
