Swanson v. Salvin Dental Specialties, Inc.

Full title: DAVID SWANSON, Plaintiff, v. SALVIN DENTAL SPECIALTIES, INC., Defendant.

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

Date published: Apr 26, 2023

5:23-cv-00247 (E.D. Pa. Apr. 26, 2023)

Opinion

5:23-cv-00247

04-26-2023

DAVID SWANSON, Plaintiff, v. SALVIN DENTAL SPECIALTIES, INC., Defendant.

JOSEPH F. LEESON, JR. UNITED STATES DISTRICT JUDGE

ORDER

JOSEPH F. LEESON, JR. UNITED STATES DISTRICT JUDGE

AND NOW, this 26^th day of April, 2023, upon consideration of Defendant Salvin Dental Specialties, Inc.'s Motion to Dismiss, ECF No. 6, Plaintiff David Swanson's response thereto, ECF No. 9, and for the reasons set forth in this Court's Opinion issued on this date, IT IS HEREBY ORDERED THAT:

1. Defendant's Motion to Dismiss, ECF No. 6, is GRANTED in part and DENIED in part, as follows:

a. Swanson's Title VII gender discrimination claim (Count III) is DISMISSED WITHOUT PREJUDICE. Therefore, Defendant's motion to dismiss this count is GRANTED.

b. Swanson's Title VII retaliation claim (Count IV) may proceed as pleaded. Defendant's motion to dismiss this count is DENIED.

2. Swanson is granted leave to amend his Complaint to renew the dismissed claim, and if he chooses to do so, the amended complaint must be filed no later than May 17, 2023. Swanson's failure to timely file an amended complaint will result in dismissal of this claim with prejudice and without further notice.