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Order | Filed: May 08, 2024 | Entered: May 08, 2024 FREDERICK v. ALLEGHENY PLYWOOD COMPANY, INC. et al
Labor: Fair Standards | Pennsylvania Western
Order ~Util - Set Deadlines
SCHEDULING ORDER. In light of the Court's 21 Order denying the 14 Partial Motion to Dismiss, IT IS HEREBY ORDERED that Defendants shall file an Amended Answer responding to all counts of Plaintiff's 10 Amended Complaint on or before 5/22/2024. Signed by Judge Christy Criswell Wiegand on 5/8/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjw)
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Order | Filed: May 08, 2024 | Entered: May 08, 2024 FREDERICK v. ALLEGHENY PLYWOOD COMPANY, INC. et al
Labor: Fair Standards | Pennsylvania Western
Order on Motion to Dismiss for Failure to State a Claim
ORDER re 14 Partial Motion to Dismiss by Defendants ALLEGHENY PLYWOOD COMPANY, INC. and DONALD HUBER. Defendants moved to dismiss Plaintiff MICHAEL FREDERICK's breach-of-contract claim (Count V), asserting that he failed to plead facts sufficient to show the existence of a contract. ECF No. 15 at 1. The Court has jurisdiction pursuant to 28 U.S.C. § 1331 and § 1367(a), and the parties agree that Pennsylvania law governs the state-law claims at issue. ECF Nos. 15 at 2; 19 at 3. To plead a breach-of-contract claim under Pennsylvania law, a plaintiff must show: "(1) the existence of a contract, including its essential terms, (2) a breach of the contract, and (3) resultant damages." Meyer, Darragh, Buckler, Bebenek & Eck, P.L.L.C. v. Law Firm of Malone Middleman, P.C., 635 Pa. 427, 445 (Pa. 2016). Parties may enter into a unilateral contract when "one party makes a promissory offer which calls for the other party to accept by rendering a performance." Braun v. Wal-Mart Stores, Inc., 24 A.3d 875, 941 (2011). "In the employment context, the communication to employees of certain rights, policies and procedures may constitute an offer of an employment contract with those terms. The employee signifies acceptance of the terms and conditions by continuing to perform the duties of his or her job" Id. An employee handbook or manual that does not contain an explicit disclaimer of contract formation may constitute a unilateral contract. Id. A contract may also be implied-in-fact when "parties agree on the obligation to be incurred, but their intention, instead of being expressed in words, is inferred from the relationship between the parties and their conduct.'" Braun, 24 A.3d at 942; McEnheimer v. Walmart, Inc., No. 22-46, 2022 WL 3700911, at *2 (W.D. Pa. Aug. 26, 2022) (Hardy, J.). Here, Mr. FREDERICK alleges the existence of two contracts: one regarding paid sick leave for employees diagnosed with COVID-19 and one regarding payment of wages for employees' lunch breaks. ECF No. 10 6773. First, the Court finds that Mr. FREDERICK has sufficiently alleged the existence of a contract regarding COVID-19 sick leave. According to the Amended Complaint, Defendants offered employees the right to take five days of paid sick leave upon proof of a positive COVID-19 test. ECF No. 10 13. Mr. FREDERICK manifested acceptance of these terms by continuing to work for Defendants. ECF No. 10 12, 25; see Braun, 24 A.3d at 945 (employee handbook constituted unilateral contract that provided employees with rest and meal breaks where it was distributed to employees, signed by them, and did not contain express disclaimer of contract formation). Mr. FREDERICK further contends that this contract was breached when he took COVID-19 sick leave, and Defendants failed to pay him for five days of sick leave. ECF No. 10 1224. He seeks actual and consequential damages for this breach. ECF No. 10 73. Second, the Court finds that Mr. FREDERICK sufficiently alleged the existence of an implied-in-fact contract regarding wages and lunch breaks. He alleges that he was employed by Defendants and expected to be paid for his work. ECF No. 10 6, 75. He further avers that he worked ten-hour days and was required to work through his 30-minute lunch break each day, resulting in 15 hours of overtime per week. ECF No. 10 9, 11, 33, 44; see McEnheimer, 2022 WL 3700911, at *2 (finding plaintiffs averred facts sufficient to create a reasonable inference that an implied-in-fact contract existed where plaintiffs alleged they were "promised to be paid for all time spent performing [their] work duties" and that they performed these duties during mandatory meal breaks without being paid). Mr. FREDERICK further alleges that Defendants breached this contract when they failed to pay him for working through his lunch breaks; and instead, deducted the lunch breaks from his wages. ECF No. 10 10, 24. Mr. FREDERICK also avers that he suffered actual and consequential damages for this breach. ECF No. 10 87. Because Mr. FREDERICK has sufficiently alleged the existence of a contract, a breach of that contract, and resulting damages, IT IS HEREBY ORDERED that Defendants' 14 Partial Motion to Dismiss is DENIED. Signed by Judge Christy Criswell Wiegand on 5/8/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjw)
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Answer | Filed: May 01, 2024 | Entered: May 01, 2024 STEIN, et al. v. PNC BANK, N.A.
Real Property: Other | Pennsylvania Western
Answer to Complaint
ANSWER to Complaint and Affirmative Defenses by PNC BANK, N.A.. (Berry, John)
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