RIFAI v. CMS MEDICAL CARE CORPORATION et al, No. 5:2015cv01395 - Document 71 (E.D. Pa. 2017)

Court Description: OPINION/ORDER THAT DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (DOC. NO. 56) IS GRANTED IN PART AND DENIED IN PART. DEFENDANTS' MOTION TO AMEND ANSWER TO AMENDED COMPLAINT (DOC. NO. 64) IS GRANTED AND DEFENDANTS SHALL BE PERMITTED TO AMEND THEIR ANSWER TO PLAINTIFFS WPCL CLAIM. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 9/21/17. 9/21/17 ENTERED AND COPIES E-MAILED. (ky, )

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RIFAI v. CMS MEDICAL CARE CORPORATION et al Doc. 71 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MUHAMAD ALY RIFAI, M.D., Plaintiff, v. CIVIL ACTION NO. 15-1395 CMS MEDICAL CARE CORPORATION, GNADEN HUETTEN MEMORIAL HOSPITAL, and ANDREW E. HARRIS, Defendants. ORDER AND NOW, this 21st day of September, 2017, upon consideration of Defendants’ Motion for Summary Judgment (Docket No. 56) and Memorandum of Law in support, as well as Plaintiff’s opposition thereto and Defendants’ Reply, and upon consideration of Defendants’ Motion to Amend Answer to Amended Complaint (Docket No. 64), Plaintiff’s opposition thereto, and Defendants’ Reply, and after oral argument being held on all motions, it is hereby ORDERED as follows: 1. Defendants’ Motion for Summary Judgment (Docket No. 56) is GRANTED in part and DENIED in part; 2. Defendants’ Motion is GRANTED as to Plaintiff’s ADA claim, and Count V is dismissed from the Amended Complaint; 3. Defendants’ Motion is GRANTED to the extent it seeks summary judgment as to all claims against Defendant Gnaden Huetten Memorial Hospital, and Gnaden Huetten Memorial Hospital is dismissed as a defendant in this matter; 4. Defendants’ Motion is DENIED as to Plaintiff’s Title VII, breach of Dockets.Justia.com contract and Wage Payment and Collection Law claims; 5. Defendants’ Motion to Amend Answer to Amended Complaint (Docket No. 64) is GRANTED and Defendants shall be permitted to amend their answer to Plaintiff’s WPCL claim. BY THE COURT: /s/ Jeffrey L. Schmehl Jeffrey L. Schmehl, J. 2

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