DAVITT v. OPEN MRI OF ALLENTOWN, LLC (E.D.Pa. 2003)

FRANKLIN VAN ANTWERPEN, District Judge

AND NOW, this 16th day of December, 2003, upon consideration of Defendants' Motion To Dismiss Plaintiffs Complaint, filed on November 12, 2003, Plaintiff's Brief In Opposition To Motion To Dismiss, filed on November 26, 2003, and Defendants' Reply Brief To Plaintiff's Opposition to Defendants' Motion To Dismiss, filed on December 2, 2003, consistent with the foregoing Opinion, it is hereby ORDERED:

1. Defendants' Motion To Dismiss Count I of Plaintiff's Complaint, alleging a claim under Title VII, converted by this Court into a Motion for Summary Judgment, is DENIED;

2. Defendants' Motion To Dismiss Count II of Plaintiff's Complaint, alleging a claim under New Jersey state statutory law, is GRANTED as time-barred WITHOUT PREJUDICE to Plaintiff's right to file an Amended Complaint if a good faith claim of equitable tolling can be made out;

3. Defendants' Motion To Dismiss Count III of Plaintiff's Complaint, alleging a claim under Pennsylvania common law, is DENIED.