DIVENUTA v. BILCARE, INC.

Filing 48

ORDER THAT DEFENDANT BILCARE, INC.'S MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART. BILCARE'S MOTION FOR SUMMARY JUDGMENT IS GRANTED AS TO COUNT II, ASSERTING PROMISSORY ESTOPPEL, AND JUDGMENT IS ENTERED IN FAVOR OF BILC ARE AND AGAINST DIVENUTA AS TO THIS COUNT. BILCARE'S MOTION FOR SUMMARY JUDGMENT IS GRANTED AS TO COUNT III, ALLEGING VIOLATIONS OF PENNSYLVANIA'S WAGE PAYMENT AND COLLECTION LAW, BUT ONLY WITH RESPECT TO DIVENUTA'S CLAIM FOR SEVERANCE , AND JUDGMENT IS ENTERED IN FAVOR OF BILCARE AND AGAINST DIVENUTA WITH RESPECT TO THE SEVERANCE CLAIM. JUDGMENT IS ENTERED IN FAVOR OF DIVENUTA AND AGAINST BILCARE IN THE AMOUNT OF $1,250.00. TRIAL IN THIS MATTER IS SCHEDULED FOR 5/31/11 AT 10:00 A.M.; ETC.. SIGNED BY HONORABLE WILLIAM H. YOHN, JR ON 3/30/11. 3/31/11 ENTERED AND E-MAILED.(jl, )

DIVENUTA v. BILCARE, INC.

Doc. 48

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA DENNIS DIVENUTA, Plaintiff, v. BILCARE, INC., Defendant. : : : : : : : : : : :

CIVIL ACTION NO. 09-3657

ORDER AND NOW, this 30th day of March, 2011, upon careful consideration of defendant Bilcare, Inc.'s ("Bilcare's") motion for summary judgment (docket no. 32), plaintiff Dennis Divenuta's ("Divenuta's") opposition thereto, and Bilcare's reply, IT IS HEREBY ORDERED that the motion is GRANTED IN PART AND DENIED IN PART as follows: 1. Bilcare's motion for summary judgment is GRANTED as to count I, alleging breach of contract, but only with respect to Divenuta's claim regarding the reduction in his salary, and judgment is ENTERED in favor of Bilcare and against Divenuta with respect to that claim. The motion is DENIED as to count I with respect to Divenuta's claim regarding Bilcare's failure to pay incentive compensation. Bilcare's motion to strike Divenuta's claim for damages resulting from the alleged decline in his credit score is GRANTED. 2. Bilcare's motion for summary judgment is GRANTED as to count II, asserting promissory estoppel, and judgment is ENTERED in favor of Bilcare and against Divenuta as to this count. 3. Bilcare's motion for summary judgment is GRANTED as to count III, alleging

Dockets.Justia.com

violations of Pennsylvania's Wage Payment and Collection Law, but only with respect to Divenuta's claim for severance, and judgment is ENTERED in favor of Bilcare and against Divenuta with respect to the severance claim. The motion is DENIED as to count III with respect to Divenuta's claims regarding Bilcare's failure to pay incentive compensation and to timely pay the final installment of his sign-on bonus. Judgment is ENTERED in favor of Divenuta and against Bilcare in the amount of $1,250.00. 4. Trial in this matter is scheduled for May 31, 2011, at 10:00 a.m.

/s/ William H. Yohn Jr., Judge William H. Yohn Jr., Judge