Brown v. The Gap Inc.

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

QUASHAE BROWN, et al., : Plaintiffs : No. 1:22-cv-00165 : v. : (Judge Kane) : THE GAP INC., et al., : Defendants :

ORDER

AND NOW, on this 14th day of December 2022, upon consideration of the motions to dismiss filed by Defendants Derry Township (the “Township”), Marygrace Kepple, Dennis Eckenrode, Rian Bell, Rebeca Kessler, and Tom Pavone (the “Township Defendants”) (Doc. Nos. 30-31) and Defendant The Gap Inc. (Doc. Nos. 32, 34), and in accordance with the Memorandum entered concurrently with this Order, IT IS ORDERED THAT: 1. The Township Defendants’ motions to dismiss (Doc. Nos. 30-31) are GRANTED IN PART insofar as Plaintiffs’ respective claims against the Township under Monell v. N.Y.C. Dep’t of Soc. Servs., 436 U.S. 658, 690 (1978), are DISMISSED WITHOUT PREJUDICE, and the motions are otherwise DENIED;

2. The Gap Inc.’s motions to dismiss (Doc. Nos. 32, 34) are GRANTED to the extent that Plaintiffs’ respective claims asserted against The Gap Inc. are DISMISSED WITHOUT PREJUDICE; and

3. Plaintiffs may file second amended complaints, within thirty (30) days of the date of this Order, to attempt to address the pleading deficiencies identified in the accompanying Memorandum pertaining to Plaintiffs’ Monell claims against the Township Defendants and their claims against The Gap Inc.

s/ Yvette Kane Yvette Kane, District Judge United States District Court Middle District of Pennsylvania