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Martinez v. CSX Transportation, Inc.

United States District Court, E.D. Pennsylvania

February 12, 2015

GILBERTO MARTINEZ, et al., Plaintiffs,
v.
CSX TRANSPORTATION, INC., Defendant.

ORDER

MITCHELL S. GOLDBERG, District Judge.

AND NOW, this 11th day of February, 2015, upon consideration of the "Motion to Dismiss of Defendants CSX Transportation, Inc. and Dorrell Jeremiah" (Doc. No. 8), Plaintiffs' "Motion for Leave" to File a Second Amended Complaint (Doc. No. 21), the responses thereto, as well as supplemental briefing submitted by the parties, and for the reasons set forth in the accompanying memorandum opinion, it is hereby ORDERED that:

- Defendant's motion to dismiss is GRANTED in part and DENIED in part. The motion is granted with respect to Plaintiffs' claims for intentional tortious conduct, negligence and negligent/reckless/intentional hiring, training and supervision. The motion is denied with respect to Plaintiffs' claims for recklessness.
- Plaintiffs' motion for leave to file a second amended complaint is DENIED without prejudice.

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