DAY-LEWIS v. U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Filing 77

MEMORANDUM ORDER THAT DEFENDANT'S MOTION (DOC. NO. 39 ), IS DENIED WITH RESPECT TO COUNT II, ETC. DEFENDANT'S MOTION (DOC. NO. 39 ), IS DENIED WITH RESPECT TO PLAINTIFF'S COUNT VI, ETC. DEFENDANT'S MOTION (DOC. NO. 39 ), IS GRANTED IN ALL OTHER RESPECTS. PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT (DOC. NO. 37 ), IS DENIED. SIGNED BY HONORABLE L. FELIPE RESTREPO ON 9/16/2014. 9/17/2014 ENTERED AND COPIES E-MAILED.(amas)

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

KIMBERLY DAY-LEWIS
v.
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION, et al.

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CIVIL ACTION

NO. 12-2638

ORDER
AND NOW, this 16th day of September, 2014, upon consideration of the Motion of
Defendant, Jacqueline A. Berrien, Chair of the U.S. Equal Employment Opportunity
Commission (“EEOC”), for Summary Judgment (ECF Document 39), plaintiff’s opposition
thereto (Doc. 46), the Motion of Plaintiff, Kimberly Day-Lewis, for Partial Summary Judgment
(Doc. 37), defendant’s opposition thereto (Doc. 45), and the parties respective reply briefs (Docs.
57, 58), for the reasons provided in the accompanying Memorandum, it is hereby ORDERED
that:
1. Defendant’s Motion (Doc. 39) is DENIED with respect to Count II (gender
discrimination) of Plaintiff’s Complaint to the extent plaintiff claims that defendant improperly
restricted plaintiff from performing outside work;
2. Defendant’s Motion (Doc. 39) is DENIED with respect to plaintiff’s Count VI
(retaliation) to the extent plaintiff claims that defendant improperly restricted her from
performing outside employment, manipulating plaintiff’s case inventory, and acting in an
antagonistic course of conduct;
3. Defendant’s Motion (Doc. 39) is GRANTED in all other respects;
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4. Plaintiff’s Motion for Partial Summary Judgment (Doc. 37) is DENIED.

BY THE COURT:

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

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