ENGLE v. PHYSICIAN LANDING ZONE

Filing 117

AMENDED ORDER re 116 Memorandum Opinion & Order. Signed by Judge Kim R. Gibson on 11/6/2017. (kly)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PEN NSYLVANIA
KRISTEN ENGLE,

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Case No. 2:14-cv-1192

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Plaintiff,

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JUDGE KIM R. GIBSON

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v.

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PHYSICIAN LANDING ZONE,
a non-profi t corporation,

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)
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Defendant.

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AMENDED ORDER
NOW, this 6th day of November 2017, this Court's prior Order (ECF No. 116) is
AMENDED.
Specifically, references to the Pennsylvania Human Relations Act ("PHRA") in paragraph
2 and paragraph 4 of the Court's prior Order (ECF No. 116) are STRICKEN. As amended, the
Court HEREBY ORDERS as follows:

(1) Unless the evidence presented (or no t presen ted) at the trial in the above-captioned
case renders such instruction inappropriate, the Court shall instruct the jury on
Plaintiff's disparate treatment claim under the Americans with Disability Act
("ADA") under Model Instruction 9.1.2 of the Model Civil Jury Instructions for the
District Courts of the Third Circuit.
(2) The Court shall not instruct the jury or otherwise entertain a non-pleaded claim for
retaliation under the PHRA.
(3) Plaintiff is not entitled to compensatory damages, punitive damages, or a trial by jury

for its retaliation claim under the ADA.
(4) Unless judgment is entered by the Court as a matter of law, the jury in this case shall
be asked to decide liability, compensatory damages, and punitive damages for the
disparate treatment claim under the ADA.
(5) The jury will serve in an advisory capacity for the Court as to liability on the retaliation
claim under the ADA.
(6) The Court will decide all remaining issues, including the equitable relief, if any, of
back pay and front pay for all claims.

BY THE COURT:

KIM R. GIBSON
UNITED STATES DISTRICT JUDGE