LOWE v. MEDCO HEALTH SOLUTIONS, INC.

Filing 71

ORDERED that Deft's 52 MOTION for Summary Judgment is DENIED, w/ respect to Count III, & Deft's motion to preclude Pltf from seeking punitive damages is DENIED. Signed by Judge Renee Marie Bumb on 6/19/2012. (drw)

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[Dkt. Ent. 52] IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY CAMDEN VICINAGE COALET LOWE, Plaintiff, Civil No. 10-4823 (RMB/AMD) v. MEDCO HEALTH SOLUTIONS OF WILLINGBORO, LLC., ORDER Defendant. THIS MATTER having come before the Court upon a motion for summary judgment by Defendant Medco Health Solutions of Willingboro, Inc. (“Defendant”), [Dkt. Ent. 52]; and THE COURT NOTING that it previously reserved judgment on Defendant’s motion for summary judgment on Count III of Coalet Lowe’s (“Plaintiff”) Amended Complaint; and THE COURT FURTHER NOTING that Defendant seeks both (1) summary judgment on Count III of Plaintiff’s Amended Complaint; and (2) and denial of punitive damages as a remedy for Count II and III of Plaintiff’s Amended Complaint; and THE COURT having considered the moving papers, as well as those submitted in opposition and reply, and all accompanying 1 materials including supplementary briefings; and FOR THE REASONS set forth in the Opinion issued herewith, IT IS on this 19th day of June 2012, hereby ORDERED that the Court denies Defendant’s motion for summary judgment with respect to Count III, which alleges a violation of the New Jersey Law Against Discrimination, and denies Defendant’s motion to preclude Plaintiff from seeking punitive damages. s/Renée Marie Bumb RENÉE MARIE BUMB UNITED STATES DISTRICT JUDGE 2

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