Brown v. The Gap Inc.

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