HANNA v. GIANT EAGLE INC. et al

Filing 82

MEMORANDUM ORDER granting in part and denying in part 70 Motion for Summary Judgment. Motion granted in part as to Counts I and II as to claims of racial discrimination and application of attendance policy, granted in part as to Counts III and IV as to hostile work environment constructive discharge claims, and denied as to hostile work environment more generally, granted in full as to Counts V and VI as to retaliation claims, and denied as to Counts VII and VIII. Further adopting 81 Report and Recommendation of Magistrate Judge Mitchell as the opinion of the Court. Signed by Judge David S. Cercone on 3/30/17. (njt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
CE'MONNE HANNA,

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Plaintiff,
v.

GIANT EAGLE INC. and
BENJAMIN SIMMONS
Defendants.

2:15cvl009
Electronic Filing
Judge David Stewart Cercone
Magistrate Judge Robert C. Mitchell

MEMORANDUM ORDER
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AND NOW, this

30 . . day of March, 2017, after the plaintiff filed an action in the

above-captioned case, and after a motion for summary judgment was submitted by the
defendants, and after a Report and Recommendation was filed by the United States Magistrate
Judge granting the parties a period of time after being served with a copy to file written
objections thereto, and no objections having been filed, and upon independent review of the
motion and the record, and upon consideration of the Magistrate Judge's Report and
Recommendation (ECF No. 81), which is adopted as the Opinion of this Court,
IT IS ORDERED that defendants' motion for summary judgment (ECF No. 70) is
GRANTED IN PART and DENIED IN PART, specifically, 1) IT IS GRANTED IN PART at
Counts I and II as to the claims of racial discrimination and the application of the attendance
policy, and DENIED in all other respects; 2) GRANTED IN PART as to Counts III and IV as to
the hostile work environment constructive discharge claims and DENIED as to hostile work
environment more generally; 3) GRANTED IN FULL at Counts V and VI as to the retaliation
claims; and 4) DENIED as to Counts VII and VIII.

David Stewart Cercone
United States District Judge

cc:

Honorable Robert C. Mitchell
United States Magistrate Judge
Martell Harris, Esquire
Kayla Drum, Esquire
Elly M. Heller-Toig, Esquire
James F. Rosenberg, Esquire

(Via CMIECF Electronic Mail)

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