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Amoroso v. Bucks County Court of Common Pleas

United States District Court, E.D. Pennsylvania

March 27, 2014

STACY AMOROSO, Plaintiff,
v.
BUCKS COUNTY COURT OF COMMON PLEAS, et al., Defendants.

ORDER

JOEL H. SLOMSKY, District Judge.

AND NOW, this 27th day of March 2014, upon consideration of Defendant BCCP's Motion to Dismiss (Doc. No. 44), Plaintiff's Response (Doc. No. 54), BCCP's Reply (Doc. No. 55), Defendants Filipovits and LoBianco's Motion to Dismiss (Doc. No. 48), Plaintiff's Response (Doc. No. 57), Filipovits and LoBianco's Reply (Doc. No. 58), Defendant Bucks County's Motion to Dismiss (Doc. No. 49), and Plaintiff's Response (Doc. No. 56), it is ORDERED that Defendant BCCP's Motion to Dismiss (Doc. No. 44), Defendants Filipovits and LoBianco's Motion to Dismiss (Doc. No. 48), and Defendant Bucks County's Motion to Dismiss (Doc. No. 49) are GRANTED IN PART AND DENIED IN PART as follows:

1. Plaintiff's FMLA interference claim against Defendants Filipovits and LoBianco as alleged in Count I is DISMISSED.
2. Plaintiff's FMLA retaliation claim against Defendants Filipovits and LoBianco as alleged in Count I will not be dismissed and will proceed to discovery.
3. Plaintiff's FMLA interference claim against Defendants BCCP and Bucks County as alleged in Count II is DISMISSED.
4. Plaintiff's FMLA retaliation claim against Defendants BCCP and Bucks County as alleged in Count II will not be dismissed and will proceed to discovery.
5. Plaintiff's Rehabilitation Act claim against Defendants BCCP and Bucks County as alleged in Count III is DISMISSED.
6. Plaintiff's equal protection claim against Defendants Filipovits and LoBianco as alleged in Count IV is DISMISSED.
7. Plaintiff's PHRA claim against Defendants Filipovits and LoBianco as alleged in Count V will not be dismissed and will proceed to discovery.
8. Plaintiff's intentional infliction of emotional distress against Defendants Filipovits and LoBianco as alleged in Count VI is DISMISSED.
9. Defendants are directed to file an Answer to the remaining claims in Counts I, II, and V within twenty days from the date of this Order.

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