PARRY v. NEW DOMINION CONSTRUCTION, INC. et al

Filing 50

ORDER granting in part and denying in part 19 Motion for Summary Judgment; granting 23 Motion to Amend/Correct; denying 23 Motion for Partial Summary Judgment. Signed by Judge Arthur J. Schwab on 2-10-15. (nam)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
ENOCH W. PARRY, III,
Plaintiff,

14cv1115
ELECTRONICALLY FILED

v.
NEW DOMINION CONSTRUCTION,
INC., MICHAEL PASCUZZI, AND
NICHOLAS PASCUZZI, III,
Defendants.
Order of Court
And now, this 10th day of February, 2015, it is HEREBY ORDERED that:
(1)

Defendants’ Motion for Summary Judgment (doc. no. 19) on all counts except
Retaliation (Count II) is GRANTED.

(2)

Plaintiff’s Motion for Partial Summary Judgment (doc. no. 23) is DENIED, and
the Motion to Amend/Correct Complaint (doc. no. 23) is GRANTED.

(3)

A status/settlement conference is set for February 17, 2015, at 9:00 a.m. at which
Plaintiff, the President of Defendants, and any named parties shall personally
attend along with lead trial counsel of record.

(4)

The Amended Complaint setting forth two separate and distinct counts for
retaliation (existing Count II re: suspension/termination, and new Count V re:
Counterclaims)1 shall be filed by February 11, 2015, with Answer due by
February 13, 2015.
s/Arthur J. Schwab
Arthur J. Schwab
United States District Judge

cc: All Registered ECF Counsel and Parties

1

Although summary judgment has been granted as to existing Count IV, Plaintiff’s Amended Complaint
shall not replace existing Count IV with the new count for retaliation re: Counterclaims. Rather, Plaintiff
shall title it as Count V for retaliation re: Counterclaims.