MARSDEN et al v. SHIRAKAWA et al

Filing 42

MEMORANDUM AND ORDER THAT DEFENDANTS' MOTION FOR SUMMARY JUDGMENT [#23] IS GRANTED IN PART AND DENIED IN PART. DEFENDANTS' MOTION IS GRANTED AS TO ANY CLAIM FOR AGE DISCRIMINATION OR HOSTILE WORK ENVIRONMENT ALLEGED IN COUNTS I AND III AND THESE CLAIMS ARE DISMISSED. DEFENDANTS' MOTION IS DENIED AS TO PLAINTIFF DENNIS MARSDEN'S CLAIM FOR RETALIATION IN TERMINATING HIS EMPLOYMENT ON 2/15/13 AS ALLEGED IN COUNTS II AND III; COUNT IV, AND CLAIMS IN COUNT III AGAINST INDIVIDUAL D EFENDANTS HERTNEKY, RICCIUTTI, ZDOBINSKI, ROBERTSON, AND ROSSELLO ARE DISMISSED AS WITHDRAWN BY PLAINTIFFS 10 ; AND, ANY CLAIMS AGAINST UNNAMED JOHN DOES HAVE BEEN ABANDONED AND ARE DISMISSED. SIGNED BY HONORABLE MARK A. KEARNEY ON 6/23/15. 6/23/15 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MARSDEN, et al.
v.
SHIRAKAWA, et al.

: CIVIL ACTION
:
:
: NO. 14-4340
:
ORDER

AND NOW, this 23rd day of June 2015, upon consideration of Defendants’ Motion for
Summary Judgment (ECF Doc. Nos. 23 and 25); Defendants’ Statement of Undisputed Material
Facts (ECF Doc. Nos. 24 and 26) Plaintiffs’ Opposition, including response to Defendants’
Statement of Undisputed Material Facts and Counterstatement of Material Facts, and Plaintiff’s
Appendix (ECF Doc. Nos. 29, 29-1 through 29-8, 31, 31-1 through 31-9, 33, 33-1 through 33-7,
37 and 37-1); Defendants’ Reply (ECF Doc. Nos. 34) and Defendants’ response to Plaintiff’s
Counterstatement of Material Facts (ECF Doc. No. 35), and as detailed in the accompanying
Memorandum, it is ORDERED Defendants’ Motion (ECF Doc. Nos. 23 and 25) is GRANTED
in part and DENIED in part:
1. Defendants’ Motion is GRANTED as to any claim for age discrimination or
hostile work environment alleged in Counts I and III and these claims are DISMISSED;
2. Defendants’ Motion is DENIED as to Plaintiff Dennis Marsden’s claim for
retaliation in terminating his employment on February 15, 2013 as alleged in Counts II and III;
3. Count IV, and claims in Count III against individual Defendants Hertneky,
Ricciutti, Zdobinski, Robertson, and Rossello are DISMISSED as withdrawn by Plaintiffs (ECF
Doc. No. 10); and,

4. Any claims against unnamed John Does have been abandoned and are

DISMISSED.
_____________________________
KEARNEY, J.

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