MIGLIORE v. ACKERMAN et al

Filing 73

MEMORANDUM ORDER THAT DEFENDANT DWORETZKY'S JOINDER IN DEFENDANTS' MOTION FOR ENTRY OF JUDGMENT (DOC. NO. 54 ), IS GRANTED. DEFENDANTS' MOTION FOR ENTRY OF JUDGMENT (DOC. NO. 53 ), IS GRANTED AS OUTLINED HEREIN. SIGNED BY HONORABLE JAN E. DUBOIS ON 12/16/2014. 12/17/2014 ENTERED AND COPIES E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
RICHARD W. MIGLIORE, J.D.,
Plaintiff,

CIVIL ACTION

v.
ROBERT L. ARCHIE, JR., ESQUIRE,
Chairman;
DENISE MCGREGOR ARMBRISTER;
JOSEPH A. DWORETZKY, ESQUIRE;
LUCY FERIA, Regional Superintendent;
JAMES DOUGLASS, Assistant Regional
Superintendent;
ESTELLE G. MATTHEWS, Chief Talent
Development Officer;
ANDREW ROSEN, ESQUIRE, Human
Resources Representative;
ARLENE ACKERMAN, Superintendent;
THE SCHOOL DISTRICT OF
PHILADELPHIA;
THE SCHOOL REFORM COMMISSION;
JOHNNY IRIZARRY;
MARY SANDRA DEAN, Principal;
Defendants.

NO. 11-4018

ORDER
AND NOW, this 16th day of December, 2014, upon consideration of Motion for Entry of
Judgment in Favor of the Former Commissioners of the School Reform Commission, Defendants
(“defendants’ Motion for Entry of Judgment”) (Document No. 53, filed July 21, 2014); Former
Commissioner Joseph A. Dworetzky’s Joinder in the Motion for Entry of Judgment in Favor of
the Former Commissioners of the School Reform Commission (“defendant Dworetzky’s Joinder
in defendants’ Motion for Entry of Judgment”) (Document No. 54, filed July 21, 2014);
Plaintiff’s Memorandum of Law in Opposition to the Motion for Judgment in Favor of
Defendant Former Members of the School Reform Commission Filed by Those Defendants on
July 21, 2014 (Document No. 58, filed August 4, 2014); Former Commissioner Joseph A.

Dworetzky’s Reply in Further Support of the Motion for Entry of Judgment in Favor of the
Former Commissioners of the School Reform Commission (Document No. 59, filed August 11,
2014); Reply of the Defendants, the Former Commissioners of the School Reform Commission
in Support of Their Motion for Entry of Judgment in Their Favor (Document No. 60, filed
August 11, 2014); Plaintiff’s Sur-Reply Memorandum of Law in Opposition to Former
Commissioner Joseph A. Dworetzky’s Reply in Further Support of the Motion for Entry of
Judgment in Favor of the Former Commissioners of the School Reform Commission (Document
No. 66, filed October 18, 2014); Exhibits in Support of Plaintiff’s Sur-Reply Memorandum of
Law (Document No. 67, filed October 20, 2014); Former Commissioner Joseph A. Dworetzky’s
Response to Plaintiff’s Sur-Reply (Document No. 71, filed October 28, 2014); Defendants’
Motion for Summary Judgment (Document No. 20, filed October 19, 2012), and the related
filings of the parties; and Plaintiff’s Motion for Summary Judgment (Document No. 22, filed
November 9, 2012), and the related filings of the parties, for the reasons set forth in the
accompanying Memorandum dated December 16, 2014, IT IS ORDERED as follows:
1.

Defendant Dworetzky’s Joinder in defendants’ Motion for Entry of Judgment

(Document No. 54) is GRANTED;
2.

Defendants’ Motion for Entry of Judgment (Document No. 53), joined in by

defendant Dworetzky, treated as a Motion for Reconsideration of the Court’s Memorandum and
Order dated August 12, 2013, is GRANTED;
3.

Those parts of the August 12, 2013 Memorandum (Document No. 30) and Order

(Document No. 31) in which defendants’ Motion for Summary Judgment was denied with
respect to plaintiff’s First Amendment retaliation claim against defendants Robert L. Archie, Jr.,
Joseph A. Dworetzky, Denise McGregor-Armbrister, and Johnny Irizarry are VACATED; and

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4.

Defendants’ Motion for Summary Judgment (Document No. 20) is GRANTED

with respect to plaintiff’s First Amendment retaliation claim against defendants Robert L.
Archie, Jr., Joseph A. Dworetzky, Denise McGregor-Armbrister, and Johnny Irizarry. Those
defendants are DISMISSED from the case and shall be REMOVED from the caption.
IT IS FURTHER ORDERED that the Court will conduct a telephone conference in due
course for the purpose of scheduling further proceedings.

BY THE COURT:

/s/ Hon. Jan E. DuBois
DuBOIS, JAN E., J.

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