Opinion
Civil Action 23-5038-KSM
06-28-2024
ORDER
KAREN SPENCER MARSTON, J.
AND NOW, this 28th day of June 2024, upon consideration of Defendants Rasier, LLC, Rasier-PA, LLC, and Uber Technologies, Inc.'s Motion to Dismiss (Doc. No. 5), responses thereto (Doc. No. 6), Plaintiff's Motion to Remand (Doc. No. 7), and responses thereto (Doc. No. 9), following oral argument on both motions (Doc. No. 12), and for the reasons set forth in the accompanying memorandum, it is ORDERED as follows:
1. Defendants Rasier, LLC, Rasier-PA, LLC, and Uber Technologies, Inc.'s Motion to Dismiss (Doc. No. 5) is GRANTED. Plaintiff's claims for assault, battery, and intentional infliction of emotional distress (Counts I, II, and III) are DISMISSED WITH PREJUDICE as to these Defendants.Plaintiff's claims for negligent hiring, training, and supervision (Count IV) are DISMISSED WITHOUT PREJUDICE as to these Defendants.
At oral argument, Plaintiff informed the Court that he would be withdrawing Counts I, II, and III against these Defendants. (June 10, 2024 Hr'g Draft Tr. at 26:10-27:11.)
2. Plaintiff's Motion to Remand (Doc. No. 7) is DENIED.
3. If Plaintiff seeks to file an amended complaint in this matter, he shall do so no later than Monday, July 29, 2024.
IT IS SO ORDERED.