PASQUALE v. GENERAL SCIENCES, INC. et al

Filing 27

ORDER THAT DEFTS' MOTION FOR SUMMARY JUDGMENT REGARDING NUMBER OF EMPLOYEES IS GRANTED; COUNT I OF PLFF'S COMPLAINT IS DISMISSED WITH PREJUDICE; COUNTS II, III & IV OF PLFF'S COMPLAINT ARE DISMISSED WITHOUT PREJUDICE; DEFTS' MOTIO N FOR PARTIAL SUMMARY JUDGMENT FOR CLAIMS BARRED BY APPLICABLE STATUTE OF LIMITATIONS IS DENIED AS MOOT; & DEFTS' MOTION FOR SUMMARY JUDGMENT FOR FAILURE TO ESTABLISH A PRIMA FACIE CASE IS DENIED AS MOOT. SIGNED BY HONORABLE ROBERT F. KELLY ON 4/19/10. 4/19/10 ENTERED AND COPIES E-MAILED.(kw, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA __________________________________________ : NANCY PASQUALE, : : CIVIL ACTION Plaintiff, : : v. : No. 09-1735 : GENERAL SCIENCES, INC., : PETER ZAVITSANOS, : ALICE ZAVITSANOS and : EVELYN DOWNS, : : Defendants. : __________________________________________: ORDER AND NOW, this 19th day of April, 2010, after a hearing in open court and upon consideration of Defendants' Motion for Summary Judgment Regarding Number of Employees (Doc. No. 10), and the Responses and Replies thereto, it is hereby ORDERED that: (1) (2) Defendants' Motion is GRANTED; Count I of Plaintiff's Complaint is DISMISSED WITH PREJUDICE; (3) Counts II, III and IV of Plaintiff's Complaint are DISMISSED WITHOUT PREJUDICE; (4) Defendants' Motion for Partial Summary Judgment for Claims Barred by Applicable Statute of Limitations (Doc. No. 18) is DENIED AS MOOT; and (5) Defendants' Motion for Summary Judgment for Failure to Establish a Prima Facie Case (Doc. No. 20) is DENIED AS MOOT. BY THE COURT: /s/ Robert F. Kelly ROBERT F. KELLY SENIOR JUDGE 2

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