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Comfort v. PRC Acquisition, LLC

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
Apr 10, 2013
Civil Action No. 12-1780 (W.D. Pa. Apr. 10, 2013)

Opinion

Civil Action No. 12-1780

04-10-2013

MARY ELKO COMFORT, Plaintiff, v. PRC ACQUISITION, LLC, d/b/a THE CLUB SPORT & HEALTH, Defendant.


Judge Cathy Bissoon


ORDER

Defendant's Motion to Dismiss (Doc. 7) Counts I and IV of the Complaint will be denied.

For the purposes of Rule 12(b)(6), Plaintiff has alleged sufficient facts in support of her claims of gender discrimination under Title VII. See Compl. at ¶¶ 12-25. Defendant's request for dismissal of Count I, therefore, is denied without prejudice to Defendant's reasserting its arguments on summary judgment.

Plaintiff has expressly disavowed any claim for hostile working environment, see Doc. 10 at 9-10, and she is bound by this representation moving forward.

As to Count IV, Plaintiff is correct that claims under the Equal Pay Act do not require administrative exhaustion. Wormack v. Shinseki, 2010 WL 2650430, *10 (W.D. Pa. Jul. 1, 2010) (citations omitted). Thus, Defendant is not entitled to dismissal of Count IV.

Consistent with the foregoing, Defendant's Motion to Dismiss (Doc. 7) is DENIED.

______________________

Cathy Bissoon

United States District Judge
cc (via ECF email notification): All Counsel of Record


Summaries of

Comfort v. PRC Acquisition, LLC

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
Apr 10, 2013
Civil Action No. 12-1780 (W.D. Pa. Apr. 10, 2013)
Case details for

Comfort v. PRC Acquisition, LLC

Case Details

Full title:MARY ELKO COMFORT, Plaintiff, v. PRC ACQUISITION, LLC, d/b/a THE CLUB…

Court:UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

Date published: Apr 10, 2013

Citations

Civil Action No. 12-1780 (W.D. Pa. Apr. 10, 2013)