Ripple v. Olympic Steel

Filing 54

ORDER: 1. The magistrates report 45 is REJECTED in part and ADOPTEDin part.2. The portion of the magistrates report that recommends summary judgment 32 be granted in favor of Dfts on the ADA claim (Count I) and the PHRA claim (Count IV) is ADOPTE D. Summary judgment is granted in favor of Dfts on Counts I and IV. 3. The portion of the magistrates report that recommends summary judgment be granted in favor of Dfts on the constructive discharge claim (Count II) is REJECTED. 4. The portion of th e report that recommends we decline to exercise supplemental jurisdiction over the intentional infliction of emotional distress claim (Count III) is ADOPTED. 5. Pltfs state law claims (Counts II and III) are dismissed without prejudice for lack of subject-matter jurisdiction. 6. The Clerk of Court shall close this case. Signed by Honorable William W. Caldwell on 02/10/14 (ma)

UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF PENNSYLVANIA
WAYNE RIPPLE,
Plaintiff
v.
OLYMPIC STEEL INC., et al.,
Defendants.

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: CIVIL NO. 12-cv-2234
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ORDER
AND NOW, this 10th day of February, 2014, upon consideration of the
report and recommendation of the magistrate judge (Doc. 45), filed December 12th,
2013, and the objections that were filed, it is ordered that:
1. The magistrate’s report (Doc. 45) is REJECTED in part and ADOPTED
in part.
2. The portion of the magistrate’s report that recommends summary
judgment be granted in favor of Defendants on the ADA claim (Count I)
and the PHRA claim (Count IV) is ADOPTED. Summary judgment is
granted in favor of Defendants on Counts I and IV.
3. The portion of the magistrate’s report that recommends summary
judgment be granted in favor of Defendants on the constructive
discharge claim (Count II) is REJECTED.
4. The portion of the report that recommends we decline to exercise
supplemental jurisdiction over the intentional infliction of emotional
distress claim (Count III) is ADOPTED.
5. Plaintiff’s state law claims (Counts II and III) are dismissed without
prejudice for lack of subject-matter jurisdiction.

6. The Clerk of Court shall close this case.

/s/ William W. Caldwell
William W. Caldwell
United States District Judge

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