Opinion
Civil Action 22-285
01-25-2024
ORDER
JEFFREY L. SCHMEHL, J.
AND NOW, this 25th day of January, 2024, upon review of all pending motions to dismiss in this matter, as well as Plaintiff's opposition thereto and Defendants' replies, and after oral argument being held, it is hereby ORDERED as follows:
1. The Motion to Dismiss of Defendants, St Joseph's University and Dr. Cheryl McConnell (ECF No. 66), is GRANTED in part and DENIED in part as set forth in the accompanying memorandum;
2. The Motion to Dismiss of Defendant, Hadassah Colbert (ECF No. 61), is GRANTED in part and DENIED in part as set forth in the accompanying memorandum;
3. The Motion to Dismiss of Defendant, Erin Fahey (ECF No. 62), is GRANTED in part and DENIED in part as set forth in the accompanying memorandum;
4. The Motion to Dismiss of Defendant, Corrine McGrath (ECF No. 63), is GRANTED in part and DENIED in part as set forth in the accompanying memorandum;
5. The Motion to Dismiss of Defendant, Karleigh Lopez (ECF No. 64), is GRANTED in part and DENIED in part as set forth in the accompanying memorandum;
6. The Motion to Dismiss of Defendant, Susan Liebell (ECF No. 67) is GRANTED;
7. The Motion to Dismiss of Defendant, Lynly Carman (ECF No. 68) is GRANTED in part and DENIED in part as set forth in the accompanying memorandum;
8. Count I of the Second Amended Complaint is DISMISSED;
9. Count II of the Second Amended Complaint is DISMISSED as to Defendants, St. Joseph's University, Dr. Cheryl McConnell and Dr. Susan Liebell;
10. Count III of the Second Amended Complaint is DISMISSED;
11. Counts IV, V and VI of the Second Amended Complaint are DISMISSED to the extent they set forth claims of racial discrimination under 42 U.S.C. § 1981, the PHRA and the PHPO;
12. Count VIII of the Second Amended Complaint is DISMISSED as to Defendants, McConnell, Carman, Fahey and Liebell;
13. Count IX of the Second Amended Complaint is DISMISSED;
14. Count X of the Second Amended Complaint is DISMISSED as to Defendant Liebell;
15. Count XI of the Second Amended Complaint is DISMISSED;
16. Defendant, Dr. Susan Liebell, is DISMISSED from this action with prejudice;
17. The remaining Defendants shall file an Answer to Plaintiff's Second Amended Complaint within twenty days of the date of this Order.