BUTLER v. ARTIC GLACIER USA

Filing 49

ORDER THAT PLAINTIFF HAS WITHDRAWN COUNT III (ADEA) AND HIS AGE DISCRIMINATION CLAIM IN COUNT IV (PHRA), AND THOSE CLAIMS ARE DISMISSED WITH PREJUDICE; DEFENDANTS MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED AS MOOT IN PART AS FOLLOWS: THE MOTION IS GRANTED WITH RESPECT TO COUNT I (SECTION 1981), COUNT II (TITLE VII), AND THE RACE DISCRIMINATION CLAIM IN COUNT IV (PHRA). JUDGMENT IS ENTERED IN FAVOR OF DEFENDANT ARCTIC GLACIER USA, AND AGAINST PLAINTIFF DANNY LEROY BUTLER ON COUN TS I AND II IN THEIR ENTIRETY, AND THE RACE DISCRIMINATION CLAIM IN COUNT IV; THE MOTION IS DENIED AS MOOT WITH RESPECT TO COUNT III (ADEA), COUNT V (WRONGFUL DISCHARGE), AND THE AGE DISCRIMINATION CLAIM IN COUNT IV (PHRA). PURSUANT TO 28 U.S.C. § 1367(C)(3), THE COURT DECLINES TO EXERCISE SUPPLEMENTAL JURISDICTION OVER COUNT V (WRONGFUL DISCHARGE), AND COUNT V IS DISMISSED WITHOUT PREJUDICE. SIGNED BY HONORABLE WENDY BEETLESTONE ON 9/29/16. 9/29/16 ENTERED AND COPIES E-MAILED. (va, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DANNY LEROY BUTLER,
Plaintiff,

CIVIL ACTION

v.
ARTIC GLACIER USA,
Defendant.

NO. 15-3302
ORDER

AND NOW, this 28th day of September, 2016, upon consideration of Defendant Arctic
Glacier USA’s Motion for Summary Judgment (ECF No. 42); Plaintiff Danny Leroy Butler’s
Response in Opposition thereto (ECF No. 45); and Defendant’s Reply in Support thereof (ECF
No. 47), and for the reasons set forth in the Court’s Memorandum Opinion of September 29,
2016 (ECF No. 48), IT IS ORDERED that:
(1) Plaintiff has WITHDRAWN Count III (ADEA) and his age discrimination claim in
Count IV (PHRA), and those claims are DISMISSED WITH PREJUDICE;
(2) Defendant’s motion for summary judgment is GRANTED in part and DENIED AS
MOOT in part as follows:
(a) The motion is GRANTED with respect to Count I (section 1981), Count II (Title
VII), and the race discrimination claim in Count IV (PHRA). JUDGMENT IS
ENTERED IN FAVOR of Defendant Arctic Glacier USA, and AGAINST
Plaintiff Danny Leroy Butler on Counts I and II in their entirety, and the race
discrimination claim in Count IV;
(b) The motion is DENIED as MOOT with respect to Count III (ADEA), Count V
(wrongful discharge), and the age discrimination claim in Count IV (PHRA).
(3) Pursuant to 28 U.S.C. § 1367(c)(3), the Court declines to exercise supplemental
jurisdiction over Count V (wrongful discharge), and Count V is DISMISSED
WITHOUT PREJUDICE.
The Clerk of the Court is directed to close this case.
BY THE COURT:
/S/WENDY BEETLESTONE, J.
_______________________________
WENDY BEETLESTONE, J.