KOSAKOSKI v. THE PNC FINANCIAL SERVICES GROUP, INC.

Filing 81

OPINION/ORDER THAT DEFENDANT'S MOTION FOR SUMMARY JUDGMENT FILED 1/23/13 IS GRANTED IN PART AND DENIED IN PART. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 9/26/13. 9/26/13 ENTERED AND COPIES E-MAILED.(ky, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
SHIRLEY KOSAKOSKI,
Plaintiff
vs.
THE PNC FINANCIAL SERVICES
GROUP, INC.,
Defendant

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Civil Action
No. 12-cv-00038

O R D E R
NOW, this 26th day of September, 2013, upon
consideration of the following documents:
(1)

Defendant’s Motion for Summary Judgment filed
January 23, 2013 (Document 34), together with
(A)

(B)

(2)

Defendant’s Separate Statement of
Undisputed, Material Facts in Support of
Its Motion for Summary Judgment
(Document 35); and
Defendant’s Brief in Support of Its
Motion for Summary Judgment (Document
36);

Plaintiff’s Memorandum of Law in Opposition
to Defendant’s Motion for Summary Judgment,
which memorandum was filed February 18, 2013
(Document 42-1), together with
(A)

Plaintiff’s Response in Opposition to
Defendant’s Separate Statement of
Undisputed, Material Facts in Support of
Its Motion for Summary Judgment
(Document 42);

(3)

Defendant’s Reply Brief in Support of Its
Motion for Summary Judgment, which reply
brief was filed on March 1, 2013 (Document
46); and

(4)

Civil Action Complaint filed January 4, 2012
(Document 1);

and for the reasons set forth in the accompanying Opinion,
IT IS ORDERED that Defendant’s Motion for Summary
Judgment is granted in part and denied in part.
IT IS FURTHER ORDERED that defendant’s motion is
granted to the extent that it seeks summary judgment on Counts I
(Age Discrimination in Employment Act) and IV (Title VII - Gender
Discrimination) of plaintiff’s Civil Action Complaint.
IT IS FURTHER ORDERED that Counts I and IV are
dismissed with prejudice from plaintiff’s Civil Action Complaint.
IT IS FURTHER ORDERED that defendant’s motion is
granted to the extent that it seeks summary judgment on that
portion of Count V (Pennsylvania Human Relations Act) of
plaintiff’s Civil Action Complaint alleging age and gender
discrimination.
IT IS FURTHER ORDERED that plaintiff’s claims for age
and gender discrimination are dismissed from Count V of
plaintiff’s Civil Action Complaint.
IT IS FURTHER ORDERED that in all other respects
defendant’s motion for summary judgment is denied.

BY THE COURT:
/s/ James Knoll Gardner
James Knoll Gardner
United States District Judge

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