RIFAI v. CMS MEDICAL CARE CORPORATION et al

Filing 71

OPINION/ORDER THAT DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (DOC. NO. 56) IS GRANTED IN PART AND DENIED IN PART. DEFENDANTS' MOTION TO AMEND ANSWER TO AMENDED COMPLAINT (DOC. NO. 64) IS GRANTED AND DEFENDANTS SHALL BE PERMITTED TO AMEND THEIR ANSWER TO PLAINTIFFS WPCL CLAIM. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 9/21/17. 9/21/17 ENTERED AND COPIES E-MAILED. (ky, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MUHAMAD ALY RIFAI, M.D.,
Plaintiff,
v.

CIVIL ACTION
NO. 15-1395

CMS MEDICAL CARE CORPORATION,
GNADEN HUETTEN MEMORIAL HOSPITAL,
and ANDREW E. HARRIS,
Defendants.
ORDER

AND NOW, this

21st

day of September, 2017, upon consideration of

Defendants’ Motion for Summary Judgment (Docket No. 56) and Memorandum of Law
in support, as well as Plaintiff’s opposition thereto and Defendants’ Reply, and upon
consideration of Defendants’ Motion to Amend Answer to Amended Complaint (Docket
No. 64), Plaintiff’s opposition thereto, and Defendants’ Reply, and after oral argument
being held on all motions, it is hereby ORDERED as follows:
1. Defendants’ Motion for Summary Judgment (Docket No. 56) is
GRANTED in part and DENIED in part;
2. Defendants’ Motion is GRANTED as to Plaintiff’s ADA claim,
and Count V is dismissed from the Amended Complaint;
3. Defendants’ Motion is GRANTED to the extent it seeks summary
judgment as to all claims against Defendant Gnaden Huetten Memorial Hospital, and
Gnaden Huetten Memorial Hospital is dismissed as a defendant in this matter;
4.

Defendants’ Motion is DENIED as to Plaintiff’s Title VII, breach of

contract and Wage Payment and Collection Law claims;
5. Defendants’ Motion to Amend Answer to Amended Complaint
(Docket No. 64) is GRANTED and Defendants shall be permitted to amend their answer
to Plaintiff’s WPCL claim.

BY THE COURT:

/s/ Jeffrey L. Schmehl
Jeffrey L. Schmehl, J.

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