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Reynolds v. Aria Health

United States District Court, Third Circuit

May 31, 2013

TISHAWANA REYNOLDS, Plaintiff,
v.
ARIA HEALTH, Defendant.

ORDER

ROBERT F. KELLY, Senior Judge.

AND NOW, this 31st day of May, 2013, upon consideration of Defendant, Aria Health's ("Aria"), Motion to Dismiss against Plaintiff, Tishawana Reynolds ("Reynolds") (Doc. No. 13), Reynolds' Response, and Aria's Reply, it is hereby ORDERED that said Motion is GRANTED in part and DENIED in part as follows:

1. The Motion is DENIED on exhaustion of administrative remedies' grounds;
2. The Motion is DENIED as to Reynolds' claims for Racially Hostile Work Environment (Count II), Retaliation (Count III), and Discriminatory Failure to Hire (Count IV);
3. The Motion is GRANTED as to Reynolds' claim for Promissory Estoppel/Detrimental Reliance (Count V);
4. Aria's request that we strike paragraphs in the Second Amended Compliant that rely on a pattern or practice of discrimination is DENIED;
5. Aria's request that Reynolds re-plead her causes of action for Hostile Work Environment, Retaliation, and Failure to Hire is DENIED; and
6. Aria's request to strike paragraphs 1-5, 9(b)-(e), 10, 20, 35(f), (g), (h), 36 and 37 of Reynolds' Second Amended Complaint is DENIED.

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