Hershey v. The Pa. Dep't of Transp.

Full title: TODD HERSHEY, Plaintiff, v. THE PENNSYLVANIA DEPARTMENT OF TRANSPORTATION…

Court: United States District Court, Middle District of Pennsylvania

Date published: Sep 29, 2023

Civil 1:21-cv-0506 (M.D. Pa. Sep. 29, 2023)

Opinion

Civil 1:21-cv-0506

09-29-2023

TODD HERSHEY, Plaintiff, v. THE PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, et al., Defendants.

SYLVIA H. RAMBO United States District Judge.

ORDER

SYLVIA H. RAMBO United States District Judge.

AND NOW, this 29^th day of September 2023, IT IS HEREBY ORDERED that the motion to dismiss (Doc. 48) the Second Amended Complaint (Doc. 46) is GRANTED IN PART and DENIED IN PART as follows:

1. Count 1 (FMLA Retaliation) is DISMISSED WITH PREJUDICE as asserted against PennDot and DISMISSED WITHOUT PREJUDICE as asserted against Defendants Prestash, Krammerer, Yeckley, and Matchock;

2. Count 2 (FMLA Interference) is DISMISSED WITH PREJUDICE;

3. Count 3 (Violation of the Wage Payment and Collection Law) is DISMISSED WITH PREJUDICE;

4. Count 4 (Violation of the Due Process Clause of the 14^th Amendment and 42 U.S.C. § 1983) is DISMISSED WITH PREJUDICE; and

5. Count 5 (Breach of Contract) is DISMISSED WITH PREJUDICE.

Plaintiff may file an amended complaint as to Count 1 in accordance with the court's memorandum within 21 days of this order.