KURYLO v. PARKHOUSE NURSING AND REHAB CTR, LP

Filing 10

ORDER THAT WITH RESPECT TO PLAINTIFF'S CLAIMS OF DISCRIMINATION UNDER THE AMERICANS WITH DISABILITIES ACT AND THE PENNSYLVANIA HUMAN RELATIONS ACT, SET FORTH IN COUNTS III AND IV OF THE COMPLAINT RESPECTIVELY, THE MOTION IS GRANTED. TO THE EXTEN T COUNTS III AND IV SET FORTH CLAIMS OF DISCRIMINATION, THEY ARE DISMISSED WITH PREJUDICE. WITH RESPECT TO PLAINTIFF'S CLAIMS OF RETALIATION UNDER THE AMERICANS WITH DISABILITIES ACT AND THE PENNSYLVANIA HUMAN RELATIONS ACT, ALSO SET FORTH IN COUNTS III AND IV OF THE COMPLAINT RESPECTIVELY, THE MOTION IS DENIED. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 4/3/17. 4/3/17 ENTERED AND COPIES E-MAILED.(ti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

JAMES J. KURYLO,
v.
PARKHOUSE NURSING AND REHAB.
CTR., LP

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CIVIL ACTION
NO. 17-00004

ORDER
AND NOW, this 3rd day of April, 2017, upon consideration of defendant Parkhouse
Nursing and Rehab Center, LP’s motion for partial dismissal of plaintiff’s complaint, Dkt. No. 5,
and plaintiff’s response, Dkt. No. 8, it is ORDERED as follows:
1.

With respect to plaintiff’s claims of discrimination under the Americans With
Disabilities Act and the Pennsylvania Human Relations Act, set forth in Counts
III and IV of the complaint respectively, the Motion is GRANTED. To the extent
Counts III and IV set forth claims of discrimination, they are DISMISSED WITH
PREJUDICE.

2.

With respect to plaintiff’s claims of retaliation under the Americans With
Disabilities Act and the Pennsylvania Human Relations Act, also set forth in
Counts III and IV of the complaint respectively, the Motion is DENIED.

_ /s Thomas N. O’Neill, Jr.______
THOMAS N. O’NEILL, JR., J.