NORTH v. WIDENER UNIVERSITY

Filing 26

MEMORANDUM AND/OR OPINION ORDER THAT WITH RESPECT TO PLAINTIFF'S CLAIM THAT WIDENER BREACHED ITS CONTRACTUAL OBLIGATION WHEN FAILING TO PROVIDE A PRE-TERMINATION HEARING, BOTH PARTIES' MOTIONS ARE DENIED AND WITH RESPECT TO PLAINTIFF'S CLAIM UNDER SECTION 504 OF THE REHABILITATION ACT, AS WELL AS PLAINTIFF'S BREACH OF CONTRACT CLAIM REGARDING ALL OTHER MATTERS, DEFENDANT'S MOTION IS GRANTED. IT IS FURTHER ORDERED THAT THE TELECONFERENCE WILL BE HELD ON 7/17/2013 AT 11:00 A.M. TO DISCUSS PLAINTIFF'S SURVIVING BREACH OF CONTRACT CLAIM. THE CALL SHALL BE INITIATED BY PLAINTIFF'S COUNSEL. SIGNED BY CHIEF JUDGE PETRESE B. TUCKER ON 7/10/2013. 7/11/2013 ENTERED AND COPIES E-MAILED. (ems)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JEFFREY NORTH, Plaintiff, v. WIDENER UNIVERSITY, Defendant. : : : : : : : CIVIL ACTION NO. 11-6006 ORDER AND NOW, this ____ day of July, 2013, upon review of the Plaintiff’s partial motion for summary judgment (Doc. 20) and Defendant’s motion for summary judgment (Doc. 21), as well as all responding briefs, IT IS HEREBY ORDERED that: 1. with respect to Plaintiff’s claim that Widener breached its contractual obligation when failing to provide a pre-termination hearing, both parties’ motions are DENIED. 2. with respect to Plaintiff’s claim under Section 504 of the Rehabilitation Act, as well as Plaintiff’s breach of contract claim regarding all other matters, Defendant’s motion is GRANTED. IT IS FURTHER ORDERED that the teleconference will be held on Wednesday, July 17, 2013 at 11:00 a.m. to discuss Plaintiff’s surviving breach of contract claim. The call shall be initiated by Plaintiff’s counsel. BY THE COURT: /s/ Petrese B. Tucker ________________________________ Hon. Petrese B. Tucker, C.J.

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