Davenport v. Mabus et al

Filing 123

ORDER (Memorandum filed previously as a separate entry) - IT IS ORDERED THAT:1) The court DECLINES TO ADOPT the report and recommendation denying Defendants motion for summary judgment on the failure-to-accommodate claim. (Doc. 106.) The remaining portions of the report and recommendation are ADOPTED. 2) Defendants motion for summary judgment is GRANTED. (Doc. 91.) 3) The Clerk of Court is directed to close this case. Signed by Honorable Jennifer P. Wilson on 3/31/2022 (ve)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
LISA M. DAVENPORT,
Plaintiff,
v.
CARLOS DEL TORO,1
Secretary, Department of the Navy
Defendant.

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Civil No. 1:16-CV-00494

Judge Jennifer P. Wilson

ORDER
AND NOW on this 31st day of March, 2022, upon consideration of
Defendant’s motion for summary judgment, Doc. 91, the report and
recommendation of Magistrate Judge William Arbuckle, Doc. 106, and the parties’
objections thereto, Docs. 109, 112, 114, 115, 116, 117, 118, for the reasons set
forth in the accompany memorandum, IT IS ORDERED THAT:
1) The court DECLINES TO ADOPT the report and
recommendation denying Defendant’s motion for summary
judgment on the failure-to-accommodate claim. (Doc. 106.) The
remaining portions of the report and recommendation are
ADOPTED.

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On August 9, 2021, Carlos Del Toro became the Secretary of the Department of Navy, and,
pursuant to Fed. R. Ci. P. 25(d), is automatically substituted as the proper defendant.
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2) Defendant’s motion for summary judgment is GRANTED. (Doc.
91.)
3) The Clerk of Court is directed to close this case.

s/Jennifer P. Wilson
JENNIFER P. WILSON
United States District Court Judge
Middle District of Pennsylvania

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