Popko v. Penn State Milton S. Hershey Medical Center et al

Filing 53

ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED THAT Defendants motion to dismiss for failure to state a claim (Doc. No. 29) is GRANTED. IT IS FURTHER ORDERED THAT Defendants motion to dismiss for lack of prosecution (Doc. No. 42) is DENIED. 42 29 IT IS FURTHER ORDERED THAT a Status Conference is set for 9/11/2015 at 11:30 AM. Dfts cnsl shall initiate the call. Signed by Honorable Yvette Kane on 8/19/15. (sc)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DAVID J. POPKO,
Plaintiff,
v.
PENN STATE MILTON S.
HERSHEY MEDICAL CENTER, et al.,
Defendants

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No. 1:13-cv-01845
(Judge Kane)

ORDER
AND NOW, on this 19th day of August 2015, IT IS HEREBY ORDERED THAT
Defendants’ motion to dismiss for failure to state a claim (Doc. No. 29) is GRANTED, and the
sole remaining causes of action in this matter are (1) Plaintiff’s age discrimination claim under
the Age Discrimination in Employment Act and (2) his retaliation claim under the Family
Medical Leave Act, as described in the Court’s order and memorandum of July 14, 2014;
Plaintiff’s remaining claims are DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED THAT Defendants’ motion to dismiss for lack of
prosecution (Doc. No. 42) is DENIED, although Defendants may renew their motion later if
circumstances warrant.
IT IS FURTHER ORDERED THAT a telephone conference is scheduled for
September 11, 2015, at 11:30 a.m. Prior to the conference, the parties shall submit a new joint
case management plan on or before September 4, 2015. Plaintiff is advised that he must inform
the Court at that time whether he is engaging his prior counsel, whether he is retaining new

counsel, or whether he intends to proceed in this matter pro se. Defendant’s counsel shall initiate
the conference call. The telephone number of the Court is 717-221-3990.
S/ Yvette Kane
Yvette Kane, District Judge
United States District Court
Middle District of Pennsylvania