CLEMENA v. PHILADELPHIA COLLEGE OF OSTEOPATHIC MEDICINE

Filing 17

MEMORANDUM OPINION ORDER THAT DEFENDANT'S MOTION TO DISMISS (DOC. NO. 9 ), IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 8/11/2017. 8/11/2017 ENTERED AND COPIES E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
GERONIMO CLEMENA
Plaintiff

CIVIL ACTION

N0.17-428

v.
PHILADELPHIA COLLEGE OF
OSTEOPATHIC MEDICINE
Defendant

ORDER
AND NOW, this 11th day of August 2017, upon consideration of Defendant's motion to
dismiss, [ECF 9], Plaintiffs response in opposition thereto, [ECF 12], Defendant's reply brief,

[ECF 15], and the allegations contained in the complaint, [ECF l], it is hereby ORDERED, for
the reasons set forth in the accompanying Memorandum Opinion filed on this day, that
Defendant's motion to dismiss is GRANTED, in part, and DENIED, in part, as follows:
I.

II.
III.

Plaintiffs claims pursuant to Title VII of the Civil Rights Act of 1964 are DISMISSED.
Plaintiffs claims pursuant to 42 U.S.C. § 1981 are DISMISSED.
Plaintiffs claims pursuant to the Americans with Disabilities Act of 1990, as amended by
the ADA Amendments Act of 2008, are DISMISSED, except for Plaintiffs disability
discrimination claim premised on Defendant's failure to accommodate Plaintiff when he
requested transfer to the May 4, 2015 first-shift Operating Engineer vacancy and
Plaintiffs wrongful termination claim.

IV.

Plaintiffs claims pursuant to the Pennsylvania Human Relations Act are WITHDRAWN
by agreement.
BY THE COURT:
Isl Nitza l Quinones Alejandro
NITZA I. QUINONES ALEJANDRO
Judge, United States District Court