MCALEE v. INDEPENDENCE BLUE CROSS

Filing 25

MEMORANDUM/ORDER THAT DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND PLAINITFF'S CROSS MOTION FOR SUMMARY JUDGMENT ARE BOTHER DENIED. A STATUS CONFERENCE IS SCHEDULED FOR 9/25/12 AT 11:00 AM IN CHAMBERS. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 8/21/12. 8/22/12 ENTERED AND COPIES E-MAILED.(mbh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

DANIEL W. McALEE,
Plaintiff,
v.

INDEPENDENCE BLUE CROSS,
Defendant.

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CIVIL ACTION

NO. 11-156

MEMORANDUM/ORDER

Both parties have filed motions for summary judgment. It appears that neither side can meet
the stringent standards to be successful in such motions.
Material facts exist as to whether the plaintiff returned from military leave to a position of
equal or similar status. Moreover, it cannot be determined on the record before the court if
plaintiff’s military status was a motivating factor in the changes that did occur in his job.
Finally, the plaintiff has provided sufficient evidence to create an issue for trial as to
whether his discharge from employment was reasonable.
Accordingly, it is hereby ORDERED this 21st day of August, 2012, that Defendant’s
Motion for Summary Judgment (Docket No. 13 ) and Plaintiff’s Cross Motion for Summary
Judgment (Docket No. 18) are both DENIED.
A STATUS CONFERENCE is scheduled for Tuesday, September 25, 2012 at 11:00 a.m.
in the chambers of the undersigned.

It is so ORDERED.

BY THE COURT:

s/ Ronald L. Buckwalter
RONALD L. BUCKWALTER, S.J.