Warren v. Luzerne County et al
| Pearlean Warren |
| Luzerne County, Luzerne County Correctional Facility, Gene Fischi, Gregory Skrepenak, Todd A Vonderheid, Steven A. Urban, Wister Yuhas and Robert Payne |
| 3:2009cv00946 |
| May 19, 2009 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Luzerne |
| Thomas I. Vanaskie |
| None |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
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Filing
38
MEMORANDUM AND ORDER granting in part and denying in part 22 Motion to Dismiss. IT IS HEREBY ORDERED that Defendants Motion to Dismiss Plaintiffs Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) (Doc. 22) is GRANTED IN PART a nd DENIED IN PART as follows:(1)As to Plaintiff Pearlean Warrens claims at Count I relating to equal protection against Defendants Gregory Skrepenak, Maryanne Petrilla, Steven Urban, Wister Yuhas, and Robert Payne, the motion is GRANTED.(2)As to Plai ntiffs claims at Counts III and IV relating to gender discrimination and hostile work environment discrimination, the motion is GRANTED.(3)As to Plaintiffs at Counts II, V, and VI, the motion is GRANTED.(4)As to the remainder, the motion is DENIED. Signed by Honorable A. Richard Caputo on 7/29/10 (jam, )
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Filing
20
MEMORANDUM AND ORDER 1. Defendants Motion to Dismiss (Dkt. 5) is GRANTED.2. Counts II, III, VI, and VII are DISMISSED WITHOUT PREJUDICE. 3. Count I and the gender and hostile work environment claims in Count V are DISMISSED WITH PREJUDICE. 4. All cla ims against Defendant Luzerne County Correctional Facility are DISMISSED WITH PREJUDICE. 5. Within twenty (20) days of the date of this Order, Plaintiff may file a second amended complaint. Failure to file an amended complaint will result in the dism issal with prejudice of allindividual Defendants as well as all Counts of the amended complaint with the exception of Counts IV, V (to the extent it asserts a claim of race discrimination in employment), and VIII.Signed by Honorable Thomas I. Vanaskie on 2/9/10. (jfg)
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