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Silver Black v. Community Education Centers, Inc.

United States District Court, E.D. Pennsylvania

March 4, 2014

SILVER BLACK, Plaintiff,
v.
COMMUNITY EDUCATION CENTERS, INC., also known as

ORDER

JAN E. DuBOIS, District Judge.

AND NOW, this 4th day of March, 2014, upon consideration of Defendant Community Education Centers, Inc.'s Motion to Dismiss Plaintiff's Complaint (Document No. 4, filed October 25, 2013), Plaintiff, Silver Black's Response in Opposition to defendant, Community Education Centers, Inc.'s Rule 12(b)(6) Motion to Dismiss (Document No. 5, filed November 5, 2013), and Plaintiff, Silver Black's Response in Opposition to defendant, Community Education Centers, Inc.'s Rule 12(f) Motion to Strike (Document No. 6, filed November 5, 2013), for the reasons set forth in the Memorandum dated March 4, 2014, IT IS ORDERED that Defendant Community Education Centers, Inc.'s Motion to Dismiss Plaintiff's Complaint is GRANTED IN PART AND DENIED IN PART, as follows:

1. That part of defendant's Motion to Dismiss which seeks dismissal of Counts I, II, III, V, VI, VII, VIII, and XII is GRANTED and Counts I, II, III, V, VI, VII, VIII, and XII of plaintiff's Complaint are DISMISSED WITH PREJUDICE.

2. That part of defendant's Motion to Dismiss which seeks dismissal of Counts IV and X is GRANTED and Counts IV and X of plaintiff's Complaint are DISMISSED WITHOUT PREJUDICE to plaintiff's right to file, within 20 days, an amended complaint if warranted by the facts and applicable law.

3. That part of defendant's Motion to Dismiss which seeks dismissal of Count IX is GRANTED and Count IX of plaintiff's Complaint is DISMISSED WITHOUT PREJUDICE to plaintiff's right to file an amended complaint if she is able to exhaust her administrative remedies with respect to this claim.

4. Defendant's Motion to Dismiss is DENIED in all other respects. IT IS FURTHER ORDERED that defendant's Motion to Strike, included in defendant's Motion to Dismiss, is GRANTED IN PART AND DENIED IN PART, as follows:

1. That part of defendant's Motion to Strike which asks the Court to strike the following statements in plaintiff's Complaint is GRANTED: "That tormented officer ultimately killed his wife" in paragraph 38, and "his wife might well be alive today" in paragraph 40.

2. Defendants Motion to Strike is DENIED in all other respects.

IT IS FURTHER ORDERED that a preliminary pretrial conference will be scheduled in due course.


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