MATHIS v. CHRISTIAN HEATING AND AIR CONDITIONING, INC.

Filing 51

MEMORANDUM AND ORDER THAT PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT TO DISMISS 40 IS GRANTED, AND THE TWENTY-EIGHTH AFFIRMATIVE DEFENSES LISTED IN DEFENDANT'S ANSWER IS STRICKEN. IT IS FURTHER ORDERED THAT, UPON CONSIDERATION OF MOT ION FOR SUMMARY JUDGMENT OF DEFENDANT CHRISTIAN HEATING & AIR CONDITIONING, INC. [#44] IS DENIED. IT IS FURTHER ORDERED THAT A TELEPHONE CONFERENCE FOR THE PURPOSE OF SCHEDULING FURTHER PROCEEDINGS WILL BE HELD IN DUE COURSE. SIGNED BY HONORABLE JAN E. DUBOIS ON 1/25/16. 1/26/16 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PAUL MATHIS,

CIVIL ACTION
Plaintiff,

v.
CHRISTIAN HEATING AND AIR
CONDITIONING, INC.,
Defendant.

NO. 13-3740

ORDER
AND NOW, this 25th day of January, 2016, upon consideration of Plaintiff’s Motion for
Partial Summary Judgment to Dismiss Defendant’s Twenty-Eighth Affirmative Defense
(Document No. 40, filed June 8, 2015), Defendant’s Memorandum of Law in Opposition to
Plaintiff’s Motion for Partial Summary Judgment to Dismiss the Twenty-Eighth Affirmative
Defense (Document No. 45, filed July 20, 2015), and Plaintiff’s Reply Memorandum of Law in
Further Support of Motion for Partial Summary Judgment to Dismiss Defendant’s Twenty-Eighth
Affirmative Defense (Document No. 48, filed July 27, 2015), IT IS ORDERED that plaintiff’s
Motion is GRANTED, and the twenty-eighth affirmative defense listed in defendant’s Answer is
STRICKEN. 1
IT IS FURTHER ORDERED that, upon consideration of Motion for Summary Judgment
of Defendant Christian Heating & Air Conditioning, Inc. (Document No. 44, filed July 20, 2015)
and Plaintiff’s Memorandum of Law in Opposition to Defendant’s Motion for Summary Judgment
(Document No. 49, filed August 3, 2015), defendant’s Motion is DENIED.

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The twenty-eighth defense reads as follows: “Enforcement of plaintiff’s claims would substantially burden the
defendant’s free exercise of religion in violation of the Free Exercise Clause of the Constitution Amendment I, and the
Religious Freedom Restoration Act, 42 U.S.C.A. §2000bb-1 et seq.”

IT IS FURTHER ORDERED that a telephone conference for the purpose of scheduling
further proceedings will be held in due course.
BY THE COURT:
/s/ Hon. Jan E. DuBois
DuBOIS, JAN E., J.

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