Shay v. State, Dep't of Transp.

Full title: GERALD SHAY v. PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, JOSEPH HOMITZ…

Court: United States District Court, E.D. Pennsylvania

Date published: Jul 24, 2024

Civil Action 23-3507 (E.D. Pa. Jul. 24, 2024)

Opinion

Civil Action 23-3507

07-24-2024

GERALD SHAY v. PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, JOSEPH HOMITZ, MATTHEW WHITAKER

MURPHY, J.

ORDER

MURPHY, J.

AND NOW, this 24^th day of July 2024, upon considering defendants' motion to dismiss (DI 15), plaintiff's opposition (DI 16), following oral argument held on June 12, 2024, and for reasons in the accompanying memorandum, it is ORDERED:

1. Defendants' motion to dismiss (DI 15) is GRANTED in part and DENIED in part.

2. Defendants' motion (DI 15) is GRANTED as to the dismissal of defendants Commonwealth of Pennsylvania, PennDot, and Mr. Homitz and Mr. Whitaker in their official capacities. The case against Mr. Homitz and Mr. Whitaker in their individual capacities may proceed into discovery.

3. Defendants' motion (DI 15) is DENIED as to the ninety-day EEOC deadline and Mr. Shay's retaliation claim.