NEW-HOWARD v. SHINSEKI et al

Filing 102

MEMORANDUM AND ORDER THAT DEFENDANT'S MOTION IS GRANTED IN PART AND DENIED IN PART. PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT (#97) IS DENIED. CONSISTENT WITH THE TEXT OF THE MEMORANDUM, THE MATTER IS REMANDED TO THE MSPB SOLELY FOR THE LIMITED PURPOSE OF MAKING FINDINGS REGARDING THE DENIAL OF PLAINTIFF'S REQUESTS FOR SICK LEAVE. THE CLERK OF COURT IS DIRECTED TO CLOSE THIS CASE FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE LEGROME D. DAVIS ON 6/21/12. 6/21/12 ENTERED AND COPIES E-MAILED. MAILED NEW-HOWARD.[FDC]

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DEONNE R. NEW-HOWARD
v.
ERIK SHINSEKI, SECRETARY of the
DEPARTMENT OF VETERANS AFFAIRS,
et al.

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CIVIL ACTION

No. 09-5350

ORDER
AND NOW, this AND NOW, this 21st day of June 2012, upon consideration of
Defendant’s Motion for Summary Judgment (Doc. No. 56), Plaintiff’s Response Thereto (Doc.
No. 72), Defendant’s Reply Brief (Doc. No. 79), Plaintiff’s Response in Opposition to
Defendant’s Reply (Doc. No. 84), Defendant’s Statement/Supplemental Brief Regarding
Plaintiff’s Age and Disability Discrimination Claims (Doc. No. 91), Plaintiff’s Motion for
Summary Judgment (Doc. No. 97), and Plaintiff’s Memorandum of Law in Support of Motion
for Partial Summary Judgment (Doc. No. 98), it is hereby ORDERED as follows:
1.

Defendant’s motion is GRANTED IN PART and DENIED IN PART.

2.

Plaintiff’s Cross-Motion for Summary Judgment (Doc. No. 97) is DENIED.

3. Consistent with the text of the Memorandum, the matter is REMANDED to the
MSPB solely for the limited purpose of making findings regarding the denial of
Plaintiff’s requests for sick leave.
4.

The Clerk of Court is directed to close this case for statistical purposes.

BY THE COURT:
/s/ Legrome D. Davis
Legrome D. Davis, J.