NOVIELLI v. TREC GROUP, INC. et al

Filing 22

ORDER THAT TREC'S MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART; ETC.. SIGNED BY HONORABLE JAN E. DUBOIS ON 3/8/17. 3/9/17 ENTERED AND E-MAILED.(jl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JENNIFER NOVIELLI,
Plaintiff,

CIVIL ACTION

v.
NO. 16-1247
TREC GROUP, INC.,
Defendant.
ORDER
AND NOW, this 8th day of March, 2017, upon consideration of defendant Trec’s Motion
for Summary Judgment (Document No. 18, filed November 10, 2016), Plaintiff’s Response in
Opposition to Trec’s Motion for Summary Judgment (Document No. 19, filed November 21,
2016), and Trec’s Response [sic] to Plaintiff’s Response in Opposition to Trec’s Motion for
Summary Judgment (Document No. 20, filed November 29, 2016), for the reasons set forth in
the accompanying Memorandum dated March 8, 2017, IT IS ORDERED that Trec’s Motion for
Summary Judgment is GRANTED IN PART and DENIED IN PART, as follows:
1.

That part of Trec’s Motion that seeks summary judgment on plaintiff’s hostile

work environment claims under Title VII and the PHRA is GRANTED.
2.

That part of Trec’s Motion that seeks summary judgment on plaintiff’s gender

discrimination claims under Title VII and the PHRA is DENIED.
3.

That part of Trec’s Motion that seeks summary judgment on plaintiff’s retaliation

claims under Title VII and the PHRA is DENIED.
IT IS FURTHER ORDERED that on or before March 24, 2017, counsel shall jointly
report to the Court (letter to Chambers, Room 12613) with respect to whether the case is settled.
In the event the case is not settled on or before March 24, 2017, counsel shall include in their

joint report a statement as to whether they believe a settlement conference before a magistrate
judge or mediation under Local Civil Rule 53.3 and the Mediation Protocol Under Local Civil
Rule 53.3 might be of assistance in resolving the case and, if so, on what form of alternate
dispute resolution they agree and by what date they will be prepared to begin such proceedings.
If the parties agree on alternative dispute resolution and deem it appropriate to suspend further
proceedings under the Scheduling Order until the question of settlement is fully explored, they
should request a vacatur of the Scheduling Order in their joint report.

BY THE COURT:
/s/ Hon. Jan E. DuBois
DuBOIS, JAN E., J.