Milton Hershey School v. PA HRC (order)

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IN THE COMMONWEALTH COURT OF PENNSYLVANIA Milton Hershey School, Petitioner v. Pennsylvania Human Relations Commission, Respondent : : : : : : : : CASE SEALED No. 665 C.D. 2019 AMENDING ORDER NOW, December 9, 2019, this Court’s December 3, 2019 Order is amended to add the following underlined language and to attach an Amended November 4, 2019 Opinion and Order. NOW, December 3, 2019, upon consideration of Milton Hershey School’s (MHS) Application to Amend Order of November 4, 2019 to Retain Jurisdiction (Application), the lack of objection to the Application set forth in the Pennsylvania Human Relation Commission’s (Commission) Answer, and the lack of response filed by the Intervenor, the Application is GRANTED. Attached to this Order is an Amended November 4, 2019 Opinion and Order. This Court’s November 4, 2019 Order is hereby amended as follows with the deleted language designated by strikethrough and added language designated by highlighting: NOW, November 4, 2019, the April 16, 2019 Order of the Pennsylvania Human Relations Commission (Commission) is hereby VACATED, and this matter is REMANDED for further proceedings in accordance with the foregoing opinion. “The Application for Partial and Prospective Reconsideration of the Granting of Petitioner’s Application to Seal the Record” filed by Intervenor is GRANTED IN PART to the extent that the foregoing opinion is designated a reported opinion, and DENIED IN PART to the extent that the case and record otherwise remain sealed. Jurisdiction relinquished. Following the Commission’s issuance of a new determination regarding Milton Hershey School’s (MHS) status under Section 4(l) of the Pennsylvania Human Relations Act, 43 P.S. § 954(l), any challenge to the Commission’s ruling shall be filed with this Court, under seal, within 15 days by submitting a copy of the Commission’s determination, along with a request for review of the issue specified by the Court in its Order of June 26, 2019, granting MHS’s interlocutory appeal. The Prothonotary is directed to remit any agency record filed with this Court to the Commission within 10 days of this Order. Jurisdiction retained. _____________________________________ RENÉE COHN JUBELIRER, Judge

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