DAVIS v. NATIONAL HME, No. 3:2023cv00040 - Document 21 (W.D. Pa. 2023)

Court Description: OPINION - Davis failed to sufficiently plead each element of the claims in Count 1, disability discrimination and failure to accommodate under the ADA, but the Court is not convinced that an amendment would be inequitable or futile and will therefor e DISMISS this claim WITHOUT PREJUDICE, see Phillips v. Cnty. Of Allegheny, 515 F.3d 224, 245 (3d Cir. 2008), GRANTING in part NHME's Motion to Dismiss. ECF No. 14 . Conversely, because Davis sufficiently pled Count II, retaliation under the A DA, and Count III, wrongful discharge under the PWCA, such that he stated claims that are plausible on their face and allow the Court to draw the reasonable inference that NHME is liable for the misconduct alleged, the Court will DENY NHME's Motion to Dismiss, ECF No. 14 , regarding Count II, Count III, and in all other respects. An appropriate order will follow, and as more fully stated in said Opinion. Signed by Judge Stephanie L. Haines on 11/21/2023. (dlg)