IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
February 21, 2006
KEVIN A. LAVORGNA, PLAINTIFF,
JOHN E. POTTER, POSTMASTER GENERAL, U.S. POSTAL SERVICE, DEFENDANT.
The opinion of the court was delivered by: Ambrose, Chief District Judge.
This is an action alleging employment discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. ("Title VII") (Count I), the Federal Tort Claims Act, 28 U.S.C. § 1346(b) ("FTCA") (Count II), and the Pennsylvania Human Relations Act, 43 Pa. Cons. Stat. Ann. § 951 et seq. ("PHRA") (Count III). Pending is Defendant John E. Potter's ("Defendant") Partial Motion to Dismiss Plaintiff's Complaint. (Docket No. 4). Specifically, Defendant moves pursuant to Federal Rule of Civil Procedure 12(b)(6) to dismiss Plaintiff's FTCA and PHRA claims on the grounds that Title VII provides the exclusive remedy for claims of discrimination in federal employment. On February 16, 2006, Plaintiff filed a response to Defendant's Motion indicating that Plaintiff consents to the Motion to Dismiss. (Docket No. 8).
THEREFORE, this 21stday of February, 2006, it is ORDERED that Defendant's Partial Motion to Dismiss Plaintiff's Complaint (Docket No. 4) is GRANTED. It is further ORDERED that Counts II and III of the Complaint of Plaintiff Kevin A. Lavorgna are dismissed with prejudice.
The Case Management Conference scheduled for Monday, March 6, 2006, at 10:00 A.M will go forward as scheduled.
Donetta W. Ambrose, Chief U. S. District Judge
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