HARDEE-GUERRA v. SHIRE PHARMACEUTICALS

Filing 29

ORDER THAT DEFENDANT'S MOTION FOR SUMMARY JUDGMENT IS GRANTED. DEFENDANT'S MOTION FOR SUMMARY JUDGMENT IS DENIED. PLAINTIFF IS BARRED FROM PURSUING ANY CLAIMS FOR COMPENSATORY DAMAGES IN THIS ACTION UNDER THE DOCTRINE OF JUDICIAL ESTOPPEL FOR FAILURE TO DISCLOSE HER DISCRIMINATION CASE IN A CONTEMPORANEOUS BANKRUPTCY PROCEEDINGS; ETC.. SIGNED BY HONORABLE JAN E. DUBOIS ON 8/25/10. 8/25/10 ENTERED AND E-MAILED.(jl, )

HARDEE-GUERRA v. SHIRE PHARMACEUTICALS

Doc. 29

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA _____________________________________ HEATHER HARDEE-GUERRA, Plaintiff, v. SHIRE PHARMACEUTICALS, Defendant. _____________________________________ : : : : : : : : : : CIVIL ACTION

NO. 09-1547

ORDER AND NOW this 25th day of August 2010, upon consideration of Defendant's Motion for Summary Judgment (Document No. 20, filed June 24, 2010), Plaintiff's Answer to Motion for Summary Judgment of Defendant Shire Pharmaceuticals (Documents No. 21-26, filed July 22, 2010), and Reply Brief in Support of Defendant's Motion for Summary Judgment (Document No. 27, filed August 2, 2010), for the reasons set forth in the Memorandum dated August 25, 2010, IT IS ORDERED AS FOLLOWS: 1. Defendant's Motion for Summary Judgment is GRANTED as it relates to Count IV of the First Amended Complaint; 2. Defendant's Motion for Summary Judgment is DENIED as it relates to Counts I, II, and III of the First Amended Complaint 3. Plaintiff is barred from pursuing any claims for compensatory damages in this action under the doctrine of judicial estoppel for failure to disclose her discrimination case in a contemporaneous bankruptcy proceeding, but may pursue equitable and declaratory relief, if appropriate.

BY THE COURT: /s/ Jan E. DuBois JAN E. DUBOIS, J.
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