2:20-cv-04651 | E.D. Pa. | Feb 16, 2021
Case 2:20-cv-04651-MMB Document 14 Filed 02/16/21 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ANTHONY PAYNE CIVIL ACTION NO. 20-4651 v. WOODS SERVICES, INC., WOODS SERVICES MEDICAL PRACTICE GROUP, LLC, ABRAHAM KAMARA, and JOHN DOES 1-5 AND 6-10
ORDER RE MOTION TO DISMISS AND NOW , this 16th day of February, 2021, after careful consideration of Defendants’ Motion to Dismiss (ECF 9), Plaintiff’s Response (ECF 10), Defendants’ Reply (ECF 11), and Plaintiff’s Motion for Leave to File a Sur-Reply (ECF 12), for the reasons stated in the attached memorandum, it is hereby ORDERED as follows:
1. The Motion for Leave to File a Sur-Reply (ECF 12) is GRANTED ; and 2. Defendants’ Motion to Dismiss (ECF 9) is GRANTED IN PART AND DENIED IN
PART , as follows: a. with respect to Counts I and II of the Complaint brought pursuant to the FMLA, the Motion to Dismiss is DENIED ; b. with respect to Counts III and IV brought pursuant to the FFCRA, the Motion is DENIED ; c. with respect to Count V brought pursuant to the PWL, the Motion is GRANTED without prejudice; d. with respect to Counts VI, VII, and VIII brought pursuant to the ADA, the Motion is GRANTED without prejudice; and 1 Case 2:20-cv-04651-MMB Document 14 Filed 02/16/21 Page 2 of 2 e. with respect to Counts IX, X, XI, and XII brought pursuant to the PHRA, the Motion is GRANTED without prejudice. Plaintiff is granted leave to file an amended complaint within 14 days. In his amended complaint, Plaintiff is directed to allege all violations of a particular statute in one count. For example, all claims brought pursuant to the FMLA should be stated in one count.
BY THE COURT:
s/ Michael M. Baylson _______________________________
MICHAEL M. BAYLSON, U.S.D.J.
/Volumes/Judge Baylson/CIVIL 20/20-4651 Payne v Woods Services/20-4651 Order Re MTD 021621.docx 2