Opinion
Civil Action 23-4445
03-06-2024
JAMES LYNCH, Plaintiff, v. TASTY BAKING COMPANY d/b/a TASTY CAKE, et al., Defendants.
ORDER
Gerald J. Pappert, J.
AND NOW, this 6th day of March 2024, upon consideration of Defendants' Motion to Dismiss (ECF No. 7), Lynch's Response (ECF No. 10), and Defendants' Reply (ECF No. 11), it is hereby ORDERED that Defendants' Motion is GRANTED. It is further ORDERED that:
1. Counts I, III-VIII and X-XI against Tasty Cake are DISMISSED without prejudice.
2. Counts I, VII, VIII, X and XI against Amber Beattie, Jack Garrett and Christine Johnston are DISMISSED without prejudice.
3. Count I against Hayley Angeline is DISMISSED without prejudice.
4. Counts VII, VIII, X and XI against Hayley Angeline are DISMISSED with prejudice.
5. The portion of Count II claiming race discrimination under Title VII against Tasty Cake is DISMISSED without prejudice; and
6. The portion of Count IX claiming race, color and disability discrimination under the Philadelphia Fair Practices Ordinance against Tasty Cake is DISMISSED without prejudice.
7. Lynch shall file his amended complaint on or before March 20, 2024.