KERCHER v. THE READING MUHLENBERG CAREER & TECHNOLOGY CENTER

Filing 44

ORDER THAT DEFENDANTS MOTION FOR SUMMARY JUDGMENT IS GRANTED AS TO COUNTS IV (VIOLATION OF FAMILY AND MEDICAL LEAVE ACT) AND V (VIOLATION OF DUE PROCESS RIGHTS) OF PLAINTIFFS COMPLAINT WHICH ARE DISMISSED. IT IS FURTHER ORDERED THAT DEFENDANTS MOTION FOR SUMMARY JUDGMENT IS DENIED AS TO COUNT III (RETALIATORY DISCHARGE) OF PLAINTIFFS COMPLAINT. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 9/6/17. 9/7/17 ENTERED AND COPIES E-MAILED.(mas, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
____________________________________
:
JEAN KERCHER,
:
Plaintiff,
:
:
v.
:
:
THE READING MUHLENBERG
:
CAREER & TECHNOLOGY CENTER,
:
Defendant.
:
____________________________________:

CIVIL ACTION
NO. 15-6674

ORDER
AND NOW, this

6th

day of September, 2017, upon consideration of the

Defendant’s Motion for Summary Judgment (Dkt. No. 26) filed on June 23, 2017; Plaintiff’s
Response in Opposition to Defendant’s Motion (Dkt. No. 29) filed on July 27, 2017; Defendant’s
Reply Brief (Dkt. No. 31) filed on August 10, 2017; Plaintiff’s Sur-Reply Brief (Dkt. No. 38)
filed on August 30, 2017; and for the reasons expressed in the foregoing Memorandum,
IT IS ORDERED that Defendant’s Motion for Summary Judgment is
GRANTED as to Counts IV (Violation of Family and Medical Leave Act) and V (Violation of
Due Process Rights) of Plaintiff’s Complaint which are DISMISSED.
IT IS FURTHER ORDERED that Defendant’s Motion for Summary Judgment
is DENIED as to Count III (Retaliatory Discharge) of Plaintiff’s Complaint.

BY THE COURT:

/s/ Henry S. Perkin
HENRY S. PERKIN,
United States Magistrate Judge