MUSA v. SOAR CORP.
Filing
43
CORRECTED MEMORANDUM OPINION ORDER THAT DEFENDANT'S MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART; ETC.. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 11/18/14. 12/2/14 ENTERED AND E-MAILED.(jl, )
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IN THE UNITED STATES DISTRICT COURT
FORTHEEASTERNDISTRICTOFPENNSYLVANIA
CATHERINE P. MUSA
Plaintiff
CIVIL ACTION
FILED
N0.13-2847
v.
SOAR CORPORATION
Defendant
NITZA I. QUINONES ALEJANDRO, J.
CORRECTED MEMORANDUM OPINION
INTRODUCTION
Before this Court is a motion for summary judgment filed by Soar Corporation
("Defendant") pursuant to Federal Rule of Civil Procedure (Rule) 56, which seeks the dismissal
of the employment discrimination claims brought under Title VII of the Civil Rights Act of 1964
("Title VII"), 42 U.S.C. §2000e et seq., and the Pennsylvania Human Relations Act ("PHRA"),
43 P.S. §951 et seq., and the claims of retaliation and unpaid wages brought pursuant to the Fair
Labor Standards Act ("FLSA"), 29 U.S.C. §201 et seq., the Pennsylvania Minimum Wage Act
("PMWA"), 43 P.S. §333.101 et seq., and the Pennsylvania Wage Payment and Collection Law
("WPCL"), 43 P.S. §260.1 et seq. [ECF 27]. Catherine Musa ("Plaintiff') filed a response in
opposition, [ECF 30], and Defendant filed a reply memorandum. [ECF 32]. This motion for
summary judgment has been fully briefed and is appropriate for consideration.
For the reasons stated herein, the motion for summary judgment is granted, in part, and
denied, in part.
14
BACKGROUND
On May 22, 2013, Plaintiff filed a complaint against Defendant, her former employer.
[ECF 1]. Defendant filed a motion to dismiss the complaint, [ECF 5], which Plaintiff opposed.
[ECF 7]. By Order dated August 29, 2013, Defendant's motion to dismiss was granted, without
prejudice. [ECF 8]. Plaintiff filed a motion to reconsider, [ECF9], which was granted, thereby
permitting Plaintiff leave to file an amended complaint. [ECF 10].
On September 23, 2013, Plaintiff filed an amended complaint asserting claims of race
and gender discrimination under Title VII and the PHRA, and claims of retaliation and failure to
pay wages under the FLSA and the corresp
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