Giterman v. Pocono Medical Center et al

Filing 89

ORDER (memorandum filed previously as separate docket entry)The motion for summary judgment of PMC, (Doc. 51), is GRANTED IN PART and DENIED IN PART.The motion for summary judgment of WCC, (Doc. 55), is GRANTED IN PART and DENIED IN PART. Plaintiffs cross-motion for summary judgment, (Doc. 64),with respect to her claim under Title III of the ADA against PMC is DENIED.Plaintiffs claim for damages under Section 504 of the Rehabilitation Act against PMC and WCC will PROCEED TO TRIAL.Signed by Honorable Malachy E Mannion on 1/16/19. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
SVETLANA GITERMAN,

:
:

Plaintiff

CIVIL ACTION NO. 3:16-0402
:

v.
:
POCONO MEDICAL CENTER,
et al.,
Defendants

(JUDGE MANNION)

:
:
ORDER

In accordance with the memorandum issued this same day, IT IS
HEREBY ORDERED THAT:
(1)

The motion for summary judgment of PMC, (Doc. 51), is
GRANTED IN PART and DENIED IN PART.

(2)

PMC’s motion for summary judgment with respect to
plaintiff’s claim under Title III of the ADA, Count I of her
amended complaint, (Doc. 23), is GRANTED.

(3)

PMC’s motion for summary judgment with respect to
plaintiff’s disability discrimination claim for damages
against it under Section 504 of the Rehabilitation Act,
Count II of her amended complaint, (Doc. 23), is DENIED.

(4)

The motion for summary judgment of WCC, (Doc. 55), is
GRANTED IN PART and DENIED IN PART.

(5)

WCC’s motion for summary judgment with respect to

plaintiff’s claim under Title III of the ADA is GRANTED.
(6)

PMC’s and WCC’s motions for summary judgment with
respect to plaintiff’s claims for injunctive and declaratory
relief against them under §504 of the RA are GRANTED.

(7)

WCC’s motion for summary judgment with respect to
plaintiff’s disability discrimination claim for damages
against it under Section 504 of the Rehabilitation Act
is DENIED.

(8)

Plaintiff’s cross-motion for summary judgment, (Doc. 64),
with respect to her claim under Title III of the ADA
against PMC is DENIED.

(9)

Plaintiff’s cross-motion for summary judgment with
respect to her claim for damages under Section 504
of the Rehabilitation Act against PMC and WCC is DENIED.

(10) Plaintiff’s claim for damages under Section 504 of the
Rehabilitation Act against PMC and WCC will PROCEED
TO TRIAL.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Date: January 16, 2019
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2016 MEMORANDA\16-0402-01-ORDER.wpd

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