MCMULLIN v. EVANGELICAL SERVICES FOR THE AGING

Filing 47

MEMORANDUM AND ORDER THAT THE MOTION FOR SUMMARY JUDGMENT (#26) IS GRANTED IN PART AND DENIED IN PART. IT IS FURTHER ORDERED AS FOLLOWS: TO THE EXTENT THE MOTION SEEKS SUMMARY JUDGMENT ON THE PLAINTIFF'S CLAIMS UNDER THE PENNSYLVANIA WAGE PAYMEN T AND COLLECTION LAW, IT IS GRANTED. TO THE EXTENT THE MOTION SEEKS SUMMARY JUDGMENT ON THE PLAINTIFF'S AGE AND DISABILITY DISCRIMINATION CLAIMS, IT IS DENIED; AND JUDGMENT WILL BE ENTERED UPON CONCLUSION OF THE TRIAL. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 8/2/17. 8/2/17 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
EDWARD DEWAYNE MCMULLIN
v.
EVANGELICAL SERVICES FOR
THE AGING, T/D/B/A WESLEY
ENHANCED LIVING

:
:
:
:
:
:
:

CIVIL ACTION

NO. 16-6660

ORDER
NOW, this 2nd day of August, 2017, upon consideration of the Motion for
Summary Judgment (Document No. 26), the plaintiff’s response, the defendant’s reply,
the plaintiff’s supplemental brief in response to the additional documents disclosed by the
defendant, and a review of the record, it is ORDERED that the motion is GRANTED IN
PART and DENIED IN PART.
IT IS FURTHER ORDERED as follows:
1.

To the extent the motion seeks summary judgment on the plaintiff’s claims

under the Pennsylvania Wage Payment and Collection Law, it is GRANTED;
2.

To the extent the motion seeks summary judgment on the plaintiff’s age and

disability discrimination claims, it is DENIED; and
3.

Judgment will be entered upon conclusion of the trial.

/s/ Timothy J. Savage
TIMOTHY J. SAVAGE, J.