Opinion
Civil Action 22-4572
05-01-2024
CAROL ROBINSON, Plaintiff, v. SEPTA, ALETHA EVANS, and MARK LASHLEY, Defendants.
ORDER
Hon. Kelley B. Hodge
AND NOW, this 1st day of May, 2024, upon consideration of Defendants Southeastern Pennsylvania Transportation Authority (“SEPTA”), Aleta Evans (improperly named as “Aletha Evans” in the Complaint), and Mark Lashley's Motion to Dismiss Plaintiff Carol Robinson's Amended Complaint (ECF No. 14) and the responses thereto (ECF Nos. 15-16), and for the reasons set forth in the accompanying Memorandum, IT IS ORDERED as follows:
1. Defendants' Motion (ECF No. 14) is GRANTED IN PART and DENIED IN PART.
a. Defendants' motion to dismiss Plaintiff's ADA and PHRA retaliation claims is DENIED.
b. Defendants' motion to dismiss Plaintiff's FMLA retaliation claim is GRANTED. Plaintiff's FMLA retaliation claim is DISMISSED.
c. Defendants' motion to dismiss Plaintiff's Section 1983 retaliation claim is GRANTED. Plaintiff's Section 1983 claim is DISMISSED.
2. Defendants shall file an Answer to Plaintiff's Amended Complaint on or before May 22, 2024.