GORITY v. NORFOLK SOUTHERN RAILWAY COMPANY

Justia Dockets & Filings Third Circuit Pennsylvania Western District GORITY v. NORFOLK SOUTHERN RAILWAY COMPANY

GORITY v. NORFOLK SOUTHERN RAILWAY COMPANY

Plaintiff:	MICHAEL J. GORITY
Defendant:	NORFOLK SOUTHERN RAILWAY COMPANY
Case Number:	3:2010cv00087
Filed:	March 25, 2010
Court:	US District Court for the Western District of Pennsylvania
Office:	Johnstown Office
Presiding Judge:	Kim R. Gibson
Nature of Suit:	Federal Employer's Liability
Cause of Action:	45 U.S.C. § 51 Railways: Fed. Employer's Liability Act
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
September 28, 2011	Filing 32 MEMORANDUM AND ORDER OF COURT granting in part and denying in part 6 Motion to Dismiss. Defendant's Motion to Dismiss is GRANTED, with leave to amend, as to paragraph 21(I) of the Complaint for claims arising from Defendant's failure to monitor the medical condition of its employees. Defendant's Motion to Dismiss is DENIED in all other respects. Defendant's Motion to Strike is DENIED in all respects. Defendant's Motion for a More Definite Statement is GRANTED as to paragraphs 20 and 21(O) of the Complaint. Defendant's Motion for a More Definite Statement is DENIED in all other respects. Plaintiff shall file an Amended Complaint in accordance with the accompanying Memorandum within fourteen (14) days of the date of this Order, and as more fully stated in said Memorandum and Order of Court. Signed by Judge Kim R. Gibson on 9/28/2011. (dlg)

Date Filed

Document Text

September 28, 2011

Filing 32 MEMORANDUM AND ORDER OF COURT granting in part and denying in part 6 Motion to Dismiss. Defendant's Motion to Dismiss is GRANTED, with leave to amend, as to paragraph 21(I) of the Complaint for claims arising from Defendant's failure to monitor the medical condition of its employees. Defendant's Motion to Dismiss is DENIED in all other respects. Defendant's Motion to Strike is DENIED in all respects. Defendant's Motion for a More Definite Statement is GRANTED as to paragraphs 20 and 21(O) of the Complaint. Defendant's Motion for a More Definite Statement is DENIED in all other respects. Plaintiff shall file an Amended Complaint in accordance with the accompanying Memorandum within fourteen (14) days of the date of this Order, and as more fully stated in said Memorandum and Order of Court. Signed by Judge Kim R. Gibson on 9/28/2011. (dlg)

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Plaintiff: MICHAEL J. GORITY
Represented By:	James A. Georges
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Defendant: NORFOLK SOUTHERN RAILWAY COMPANY
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