Opinion
Civil Action 22-4713
04-17-2023
KATHRYN MCGARRIGLE v. CRISTO REY PHILADELPHIA HIGH SCHOOL
ORDER
KEARNEY, J.
AND NOW, this 17th day of April 2023, upon considering Defendant's Motion to dismiss (ECF Doc. No. 8), Plaintiffs Opposition (ECF Doc. No. 9), and for reasons in today's accompanying Memorandum, it is ORDERED Defendant's Motion (ECF Doc. No. 8) is GRANTED in part and DENIED in part:
1. We dismiss Plaintiffs race discrimination claim under 42 U.S.C. § 1981, the discrimination and retaliation claims under the Family and Medical Leave Act, and the Title VII and Philadelphia Fair Practices Ordinance discrimination claims without prejudice to Plaintiff to timely amending her complaint if she can do so consistent with Rule 11 and our scheduling Order entered after our initial pretrial conference; and, 2. Plaintiff may proceed on her retaliation claims under Title VII, section 1981, the Age Discrimination in Employment Act, and the Philadelphia Fair Practices Ordinance and her discrimination claim under the Age Discrimination in Employment Act and Philadelphia Fair Practices Ordinance requiring Defendant file an Answer to these claims no later than May 1, 2023.