YARNALL v. THE PHILADELPHIA SCHOOL DISTRICT et al

Filing 195

MEMPORANDUM AND ORDER THAT PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT 144 IS DENIED. DEFENDANT ISHMAEL'S MOTION FOR SUMMARY JUDGMENT 140 IS GRANTED AS TO ALL CLAIMS AGAINST HER AND IS TERMINATED AS A PARTY IN THIS ACTION. DEFENDANT GILBERT'S MOTION FOR SUMMARY JUDGMENT 142 IS GRANTED AS TO ALL CLAIMS AGAINST HIM AND IS TERMINATED AS A PARTY IN THIS ACTION. DEFENDANT RAY'S MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO COUNT IV - PHRA 164 IS GRANTED. DEFENDANT SCHOOL D ISTRICT'S MOTION FOR SUMMARY JUDGMENT 141 IS GRANTED IN PART AND DENIED IN PART. THE MOTION IS GRANTED WITH RESPECT TO: (1) PLAINTIFFS' TITLE VII DISPARATE TREATMENT RACE DISCRIMINATION CLAIM IN COUNT I; (2) PLAINTIFFS' PHRA CLAIMS IN COUNT IV; AND (3) PLAINTIFFS' TITLE VII CLAIMS IN COUNT V. THE MOTION IS DENIED WITH RESPECT TO PLAINTIFFS' TITLE VII HOSTILE WORK ENVIRONMENT CLAIM IN COUNT I. SIGNED BY HONORABLE L. FELIPE RESTREPO ON 9/30/14. 9/30/14 ENTERED AND COPIES MAILED, E-MAILED.(fdc)

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

COLLEEN YARNALL et al.

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v.
THE PHILADELPHIA SCHOOL
DISTRICT et al.

CIVIL ACTION

NO. 11-3130

ORDER
AND NOW, this 30th day of September, 2014, upon consideration of the parties’
motions for summary judgment and the oppositions, replies, and surreply thereto, and having
held oral argument on the motions, it is hereby ORDERED that the motions are resolved as
follows:
1. Having considered all relevant briefing (ECF Nos. 144, 148, 149) and oral argument,
Plaintiffs’ Motion for Partial Summary Judgment (ECF No. 144) is DENIED.
2. Having considered all relevant briefing (ECF Nos. 140, 150, 154, 161) and oral
argument, Defendant Ishmael’s Motion for Summary Judgment (ECF No. 140) is
GRANTED as to all claims against her (Count II - § 1983, Count IV – PHRA, Count VI
– Punitive Damages) and is terminated as a party in this action.
3. Having considered all relevant briefing (ECF Nos. 142, 150, 157, 161) and oral
argument, Defendant Gilbert’s Motion for Summary Judgment (ECF No. 142) is
GRANTED as to all claims against him (Count II - § 1983, Count IV – PHRA, Count VI
– Punitive Damages) and is terminated as a party in this action.
4. Having considered all relevant briefing (ECF Nos. 144, 150, 155, 161, 164, 170) and oral
argument, Defendant Ray’s Motion for Partial Summary Judgment as to Count IV PHRA (ECF No. 164) is GRANTED.
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5. Having considered all relevant briefing (ECF Nos. 141, 150, 157, 161) and oral
argument, Defendant School District’s Motion for Summary Judgment (ECF No. 141) is
GRANTED IN PART AND DENIED IN PART. The motion is GRANTED with
respect to: (1) Plaintiffs’ Title VII disparate treatment race discrimination claim in Count
I; (2) Plaintiffs’ PHRA claims in Count IV; and (3) Plaintiffs’ Title VII claims in Count
V. The motion is DENIED with respect to Plaintiffs’ Title VII hostile work environment
claim in Count I.

BY THE COURT:

/s/ L. Felipe Restrepo
L. FELIPE RESTREPO
UNITED STATES DISTRICT JUDGE

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