Opinion
Civil Action 23-4332
04-04-2024
DAVID MCCREARY, Plaintiff, v. ADULT WORLD, INC., Defendant.
ORDER RE: MOTION TO DISMISS
Michael M. Baylson United States District Court Judge
AND NOW, this 4th day of April 2024, upon consideration of Defendant Adult World, Inc.'s Motion to Dismiss (ECF 4), Plaintiff David McCreary's Response (ECF 6), and Defendant's Reply (ECF 7), it is hereby ORDERED that Defendant's Motion is GRANTED IN PART, DENIED IN PART, and with LEAVE TO AMEND, as follows:
1. Defendant's motion to dismiss Plaintiff's Title VII claim is DENIED.
2. Defendant's motion to dismiss Plaintiff's PHRA claim is GRANTED, WITHOUT PREJUDICE, as the Court approves Plaintiff's right to amend his Complaint following the completion of the administrative process, if that claim has not been administratively resolved.