CLEMENA v. PHILADELPHIA COLLEGE OF OSTEOPATHIC MEDICINE, No. 2:2017cv00428 - Document 17 (E.D. Pa. 2017)
Court Description: MEMORANDUM OPINION ORDER THAT DEFENDANT'S MOTION TO DISMISS (DOC. NO. 9 ), IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 8/11/2017. 8/11/2017 ENTERED AND COPIES E-MAILED.(amas)
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CLEMENA v. PHILADELPHIA COLLEGE OF OSTEOPATHIC MEDICINE Doc. 17 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA GERONIMO CLEMENA Plaintiff CIVIL ACTION N0.17-428 v. PHILADELPHIA COLLEGE OF OSTEOPATHIC MEDICINE Defendant ORDER AND NOW, this 11th day of August 2017, upon consideration of Defendant's motion to dismiss, [ECF 9], Plaintiffs response in opposition thereto, [ECF 12], Defendant's reply brief, [ECF 15], and the allegations contained in the complaint, [ECF l], it is hereby ORDERED, for the reasons set forth in the accompanying Memorandum Opinion filed on this day, that Defendant's motion to dismiss is GRANTED, in part, and DENIED, in part, as follows: I. II. III. Plaintiffs claims pursuant to Title VII of the Civil Rights Act of 1964 are DISMISSED. Plaintiffs claims pursuant to 42 U.S.C. ยง 1981 are DISMISSED. Plaintiffs claims pursuant to the Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act of 2008, are DISMISSED, except for Plaintiffs disability discrimination claim premised on Defendant's failure to accommodate Plaintiff when he requested transfer to the May 4, 2015 first-shift Operating Engineer vacancy and Plaintiffs wrongful termination claim. IV. Plaintiffs claims pursuant to the Pennsylvania Human Relations Act are WITHDRAWN by agreement. BY THE COURT: Isl Nitza l Quinones Alejandro NITZA I. QUINONES ALEJANDRO Judge, United States District Court Dockets.Justia.com
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