MACVAUGH v. COUNTY OF MONTGOMERY, No. 2:2017cv04568 - Document 8 (E.D. Pa. 2018)
Court Description: MEMORANDUM OPINION ORDER THAT DEFENDANT'S MOTION TO DISMISS (DOC. NO. 3 ) IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. PLAINTIFF MAY FILE AN AMENDED COMPLAINT ON OR BEFORE 4/17/2018. IF PLAINTIFF DOES NOT FILE AN AMENDED COMPLAINT, DEFENDANT SHALL FILE AN ANSWER ON OR BEFORE 5/7/2018. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 3/27/2018. 3/28/2018 ENTERED AND COPIES E-MAILED.(amas)
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MACVAUGH v. COUNTY OF MONTGOMERY Doc. 8 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ____________________________________ MICHAEL A. MACVAUGH, : Plaintiff, : v. : CIVIL ACTION NO. 17-4568 : COUNTY OF MONTGOMERY, : Defendant. : ____________________________________: ORDER AND NOW, this 27th day of March 2018, upon consideration of Defendant’s Motion to Dismiss [Doc. No. 3], the response thereto, and in accordance with the memorandum opinion issued this day, it is hereby ORDERED that the Motion is GRANTED IN PART AND DENIED IN PART. The Motion is GRANTED to the extent that Plaintiff alleges a failure to accommodate claim based on requested job transfers under the ADA and PHRA, and such a claim is DISMISSED WITHOUT PREJUDICE. The Motion is otherwise DENIED. Plaintiff may file an amended complaint consistent with the limitations set forth in the accompanying memorandum opinion on or before April 17, 2018. If Plaintiff does not file an amended complaint, Defendant shall file an answer on or before May 7, 2018. It is so ORDERED. BY THE COURT: /s/ Cynthia M. Rufe _____________________ CYNTHIA M. RUFE, J. Dockets.Justia.com
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