Joseph v. Pepperidge Farm Inc.

Full title: ANTHONY JOSEPH, Plaintiff, v. PEPPERIDGE FARM INCORPORATED, Defendant.

Court: United States District Court, E.D. Pennsylvania

Date published: Mar 4, 2024

Civil Action 22-4049 (E.D. Pa. Mar. 4, 2024)

Opinion

Civil Action 22-4049

03-04-2024

ANTHONY JOSEPH, Plaintiff, v. PEPPERIDGE FARM INCORPORATED, Defendant.

HODGE, KELLEY B., J.

ORDER

HODGE, KELLEY B., J.

AND NOW, this 4th day of March, 2024, upon consideration of Defendant's Partial Motion to Dismiss (ECF No. 10), the responses thereto (ECF Nos. 13-14), and for the reasons set forth in the accompanying Memorandum, IT IS ORDERED that Defendant's Motion (ECF No. 10) is GRANTED IN PART and DENIED IN PART as follows:

1. Defendant's motion to dismiss Plaintiff's race discrimination claims is GRANTED. Plaintiff's race discrimination claims raised in Counts I, III, and V are DISMISSED WITHOUT PREJUDICE.

2. Defendant's motion to dismiss Plaintiff's age discrimination claims is GRANTED. Plaintiff's age discrimination claims raised in Counts VII and VIII are DISMISSED WITH PREJUDICE.

3. Defendant's motion to dismiss Plaintiff's Pennsylvania Human Relations Act (“PHRA”) claims for failure to exhaust administrative remedies is DENIED AS MOOT.

Plaintiff may file an Amended Complaint, as outlined in the accompanying Memorandum, on or before April 1, 2024.