HOWELL v. MILLERSVILLE UNIVERSITY OF PENNSYLVANIA et al, No. 5:2017cv00075 - Document 29 (E.D. Pa. 2017)

Court Description: OPINION/ORDER THAT DEFENDANTS' MOTION TO DISMISS THE AMENDED COMPLAINT, ECF NO. 9, IS GRANTED IN PART AND DENIED IN PART. PLAINTIFF MAY HAVE UNTIL 8/11/17 TO FILE AN AMENDED COMPLAINT, AND DEFENDANT SHALL HAVE UNTIL 8/25/17 TO RESPOND TO HOWELL'S AMENDED COMPLAINT. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 7/27/17. 7/27/17 ENTERED AND COPIES E-MAILED.(ky, )
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HOWELL v. MILLERSVILLE UNIVERSITY OF PENNSYLVANIA et al Doc. 29 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA __________________________________________ ALLEN HOWELL, : : Plaintiff : : v. : : MILLERSVILLE UNIVERSITY OF : PENNSYLVANIA; : MICHEAL HOULAHAN; : PHILLIP TACKA; N. KEITH WILEY; : CHRISTY BANKS; and DIANE UMBLE, : : Defendants : __________________________________________ No. 5:17-cv-00075 ORDER And now, this 27th day of July, 2017, for the reasons set forth in the accompanying opinion issued this day, it is ORDERED as follows: 1. Defendants’ Motion to Dismiss the Amended Complaint in Part, ECF No. 9, is GRANTED IN PART and DENIED IN PART, as follows: (a) (b) Defendants’ Motion to Dismiss Plaintiff’s claim for retaliation under Title IX of the Education Amendments of 1972 is GRANTED without prejudice. (c) Defendants’ Motion to Dismiss Plaintiff’s claim for retaliation under the First Amendment is GRANTED without prejudice. (d) 2. Defendants’ Motion to Dismiss Plaintiff’s claims under the Age Discrimination in Employment Act of 1967 is DENIED. Defendants’ Motion to Dismiss Plaintiff’s claims under the Pennsylvania Human Relations Act is DENIED as moot. Plaintiff may have until August 11, 2017, to file an amended complaint, solely for the purpose of addressing the deficiencies the Court identified in the accompanying opinion with his claims for retaliation under Title IX and retaliation under the First Amendment. 1 Dockets.Justia.com 3. Defendants shall have until August 25, 2017, to respond to Howell’s amended complaint, if he chooses to file one. BY THE COURT: /s/ Joseph F. Leeson, Jr.___________ JOSEPH F. LEESON, JR. United States District Judge 2