Opinion
Civil Action 21-2385
03-03-2022
ORDER
HON. PETRESE B. TUCKER, U.S.D.J.
AND NOW, this 3rd day of March 2022, upon consideration of Defendants Bath Saver, Inc. and Homespire Remodeling Group, LLC's (“Defendants” or “Bath Saver”) Partial Motion to Dismiss (ECF No. 10) and Plaintiff George Lamonde's (“Plaintiff” or “Lamonde”) Response in Opposition (ECF No. 11), IT IS HEREBY ORDERED AND DECREED that Defendants' Partial Motion to Dismiss is GRANTED IN PART and DENIED IN PART as follows:
1. Defendants' Motion is GRANTED as to Plaintiff's 2018 demotion;
a. Plaintiff's separate and distinct claim of discrimination based on his 2018 demotion is DISMISSED WITH PREJUDICE;
b. Defendants' Motion is DENIED as to Plaintiff's use of the facts surrounding his 2018 demotion to prove other discriminatory actions or intent; and
2. As to Counts I and II, Defendants' Motion is DENIED in all other respects.