CONWAY v. DAVEY TREE EXPERT COMPANY
Filing
53
MEMORANDUM OPINION AND ORDER OF COURT granting 32 Motion for Summary Judgment as to all counts in the Complaint. Judgment will be entered in favor of Defendant and against Plaintiff, accordingly, and as more fully stated in said Memorandum Opinion and Order of Court. Signed by Judge Kim R. Gibson on 9/1/2015. (dlg)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
)
JOEL C. CONWAY,
Plaintiff,
)
)
v.
CIVIL ACTION No. 3:14-82
)
)
JUDGE KIM R. GIBSON
)
DAVEY TREE EXPERT COMPANY
)
Defendant.
)
)
)
MEMORANDUM OPINION AND ORDER OF COURT
I.
Introduction
This matter comes before the Court upon consideration of Defendant's motion for
summary judgment. (ECF No. 32). Defendant asserts that Plaintiff filed his claim under
the Americans with Disabilities Act well beyond the applicable statute of limitations
period. (Id. at 1). Defendant also asserts that Plaintiff failed to exhaust his administrative
remedies prior to bringing suit on his Pennsylvania Human Rights Act claim, such that
the claim is barred as a matter of law. (Id.). Defendant finally alleges that Plaintiff cannot
establish that he was terminated because of his disability. (Id.).
The issues have been fully briefed, and the matter is now ripe for disposition. For
the reasons that follow, Defendant's motion shall be granted.
II. Jurisdiction and Venue
The Court exercises subject matter jurisdiction pursuant to 28 U.S.C. § 1331 with
regards to the ADA claim. The Court also has jurisdiction pursuant to 28 U.S.C § 1332
1
because the parties are in complete diversity and the amount in controversy exceeds
$75,000. Venue is proper pursuant to 28 U.S.C. § 1391(b)(2) because a substantial portion
of the events giving rise to the claims occurred in this judicial district.
III. Background
a. Procedural background
Conway initially filed the instant action in the Court of Common Pleas of
Clearfield County, Pennsylvania. (ECF No. 1 at 1). The action was removed to this Court
pursuant to 28 U.S.C. § 1441 on the basis that it arises, in part, under the laws of the
United States, namely 29 U.S.C. § 12101 et seq. (Id. at
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