Opinion
CIVAL ACTION 22-4482-KSM
02-29-2024
MICHAEL WILLIAMS, Plaintiff, v. CITY OF PHILADELPHIA, et al., Defendants.
MEMORANDUM
KAREN SPENCER MARSTON, J.
AND NOW this 29th day of February, 2024, upon consideration of Plaintiff's Motion for Default Judgment (Doc. No. 11), Defendant City of Philadelphia's opposition brief (Doc. No. 14), the City's Motion to Dismiss (Doc. No. 13), and Plaintiff's opposition brief (Doc. No. 17), it is ORDERED that:
1. Plaintiff's Motion for Default Judgment (Doc. No. 11) is DENIED.
2. Defendant's Motion to Dismiss (Doc. No. 13) is GRANTED IN PART AND DENIED IN PART as follows:
a. Plaintiff's claims against Defendant Office of Fleet Management are DISMISSED WITH PREJUDICE.
b. Plaintiff's claims against the City are DISMISSED WITH PREJUDICE to the extent they are based on allegations that: (1) his white coworkers repeatedly called him names, including the N-word, and (2) he was wrongly punished and transferred to a less desirable position after reporting their conduct.
c. Plaintiff's claim that the City terminated his employment in retaliation for filing a complaint with the EEOC is DISMISSED WITHOUT PREJUDICE.
d. The motion is DENIED as to Plaintiff's claim that the City retaliated against him after he reported discrimination to his union representatives.
3. Plaintiff may file an amended complaint if he can, in good faith, cure the deficiencies identified in the Court's Memorandum. Any amended complaint shall be filed by March 15, 2024.
4. The City shall respond to the remaining portions of the Complaint or any amended complaint by March 29, 2024.
IT IS SO ORDERED.