MCILMAIL v. COMMONWEALTH OF PENNSYLVANIA OFFICE OF ATTORNEY GENERAL et al

Filing 37

MEMORANDUM AND ORDER THAT DEFENDANTS MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. SIGNED BY HONORABLE J. CURTIS JOYNER ON 5/14/19. 5/15/19 ENTERED AND COPIES E-MAILED.(rf, )

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

MICHAEL McILMAIL,

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Plaintiff,
v.
COMMONWEALTH OF PENNSYLVANIA,
OFFICE OF THE ATTORNEY GENERAL,
et al.,
Defendants.

CIVIL ACTION
No. 17-cv-2991

ORDER
AND NOW, this

14th

day of May, 2019, upon consideration of

Defendants’ Motion for Summary Judgment (Doc. No. 22), Plaintiffs’
Opposition thereto (Doc. No. 30), Defendants’ Reply in Support
thereof (Doc. No. 31), and Plaintiffs’ Sur-reply thereto (Doc. No.
34), and consistent with this Court’s accompanying Memorandum,
Defendants’ Motion is DENIED in part and GRANTED in part.

It is

hereby ORDERED as follows:
1.

Defendants’ Motion for Summary Judgment is DENIED as to
the claims against Defendants in Counts I, IV, V, VII,
and VIII of the Complaint.

2.

Defendants’ Motion for Summary Judgment is GRANTED as to
Plaintiff’s retaliation claim against Defendant Duecker
in Count II of the Complaint, and as to Plaintiff’s LMRA
claims against Defendants in Count VI of the Complaint.

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BY THE COURT:

s/J. Curtis Joyner
J. CURTIS JOYNER, J.

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