Glover v. United Parcel Service Inc
||William James Glover
||United Parcel Service Inc
||June 16, 2016
||US District Court for the District of South Carolina
||Timothy M Cain
|Nature of Suit:
|Cause of Action:
||29 U.S.C. § 623
|Jury Demanded By:
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|March 29, 2017
ORDER adopting 22 Report and Recommendation IN PART, and incorporates it herein such that the 9 Motion to Dismiss is GRANTED as to Counts 1 and 2 (ADEA), Count 4 (Title VII retaliation), Count 5 (EPA), and Count 9 (ratifi cation) of the 5 Amended Complaint. The court declines to adopt the recommendation as to Count 6 (state law conversion) of the 5 amended complaint such that the 9 motion to dismiss is GRANTED as to that claim. Further, the court adopts that por tion of the Report relating to Count 3 (Title VII discrimination), Count 7 (fraud and deceit) and Count 8 (negligent misrepresentation) of the 5 amended complaint such that the 9 motion to dismiss is DENIED as to those claims. Plaintiff's 15 Motion for leave to file a second amended complaint is GRANTED as to Count 1 (Title VII discrimination), Count 2 (Title VII failure to promote), Count 3 (Title VII disparate pay), Count 7 (fraud and deceit) and Count 8 (negligent misrepresentat ion) as set forth in the proposed second amended complaint and DENIED as to Count 4 (Title VII retaliation), Count 5 (Fair Pay Act) and Count 6 (conversion). Plaintiff is directed to file the Second Amended Complaint by April 5, 2017. Signed by Honorable Timothy M Cain on 3/29/17. (kmca)
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