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17-1520 - DIXON v. AMERIHEALTH ADMINISTRATORS


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17-1520 - DIXON v. AMERIHEALTH ADMINISTRATORS
July 27, 2017
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MEMORANDUM AND OPINION. SIGNED BY HONORABLE JAN E. DUBOIS ON 7/26/17. 7/27/17 ENTERED & E-MAILED.(fdc)
July 27, 2017
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MEMORANDUM AND ORDER THAT DEFENDANT AMERIHEALTH ADMINISTRATORS' MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT [#9] IS GRANTED IN PART AND DENIED IN PART, AS FOLLOWS: THAT PART OF DEFENDANT'S MOTION SEEKING DISMISSAL OF PLAINTIFF'S CLAIMS FOR DISPARATE TREATMENT DISCRIMINATION AND RETALIATION UNDER 42 USC:1981 AND THE PENNSYLVANIA HUMAN RELATIONS ACT ("PHRA") IS DENIED; AND THAT PART OF DEFENDANT'S MOTION SEEKING DISMISSAL OF PLAINTIFF'S CLAIMS FOR HARASSMENT UNDER SECTION 1981 AND THE PHRA IS GRANTED AND THOSE CLAIMS ARE DISMISSED WITHOUT PREJUDICE TO PLAINTIFF'S RIGHT TO FILE AND SERVE A SECOND AMENDED COMPLAINT WITHIN TWENTY (20) DAYS OF THE ENTRY OF THIS ORDER IF WARRANTED BY THE FACTS AND THE APPLICABLE LAW SET FORTH IN THE ACCOMPANYING MEMORANDUM. IT IS FURTHER ORDERED THAT A PRELIMINARY PRETRIAL CONFERENCE WILL BE SCHEDULED IN DUE COURSE. SIGNED BY HONORABLE JAN E. DUBOIS ON 7/26/17. 7/27/17 ENTERED & E-MAILED.(fdc)