Wesley v. Simona America Inc.

Filing 60

ORDER 1. Plaintiff Wesley's Objections are OVERRULED for the reasons set forth in the accompanying memorandum opinion as well as those set forth in the accompanying memorandum opinion. 2. The Report and Recommendation (Doc. 54) is ADOPTED for th e reasons set forth therein as well as those set forth in the accompanying memorandum opinion. 3. Defendant's Motion for Summary Judgment (Doc. 43) is GRANTED. Summary judgement is granted in favor of Defendant and against Plaintiff on Plaintiff s claims of ADEA Age Discrimination, including disparate treatment, hostile-work environment, and retaliation, (Count I), and Plaintiffs claims of discrimination and retaliation under the Pennsylvania Human Relations Act (Count II). 4. Judgment is he reby entered IN FAVOR OF Defendant Simona America, Inc. tld/b/a Laminations, Inc. and AGAINST Plaintiff William Wesley, Sr. 5. Defendant's Motion to Dismiss (Doc. 28) is DENIED AS MOOT. 6. The Clerk of Court is directed to CLOSE the above-captioned action.Signed by Honorable Robert D. Mariani on 3/29/17. (jfg)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA WILLIAM WESLEY, SR., Plaintiff, v. 3:15·CV·1110 (JUDGE MARIANI) SIMONA AMERICA INC. tJd/b/a LAMINATIONS, INC. Defendant. iz1 AND NOW, THIS;)ff ORDER DAY OF MARCH, 2017, upon de novo review of Magistrate Judge Carlson's Report and Recommendation (Doc. 54), Plaintiff William Wesley, Sr.'s Objections thereto (Doc. 57), Defendant Simona America, Inc.'s Answer to Plaintiffs Objections (Doc. 58), Defendant's Motion to Dismiss Plaintiffs Second Amended Complaint (Doc. 28), Defendant's Motion for Summary Judgment (Doc. 43), and all supporting and opposing documents, IT IS HEREBY ORDERED THAT: 1. Plaintiff Wesley's Objections are OVERRULED for the reasons set forth in the accompanying memorandum opinion as well as those set forth in the accompanying memorandum opinion. 2. The Report and Recommendation (Doc. 54) is ADOPTED for the reasons set forth therein as well as those set forth in the accompanying memorandum opinion. 3. Defendant's Motion for Summary Judgment (Doc. 43) is GRANTED. Summary judgement is granted in favor of Defendant and against Plaintiff on Plaintiffs claims of ADEA Age Discrimination, including disparate treatment, hostile-work environment, and retaliation, (Count I), and Plaintiffs claims of discrimination and retaliation under the Pennsylvania Human Relations Act (Count II). 4. Judgment is hereby entered IN FAVOR OF Defendant Simona America, Inc. tld/b/a Laminations, Inc. and AGAINST Plaintiff William Wesley, Sr. 5. Defendant's Motion to Dismiss (Doc. 28) is DENIED AS MOOT. 6. The Clerk of Court is directed to CLOSE the above-captioned action. I l I 1 I I i , .i 2

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