Bellas v. Wyoming Valley Health Care System, Inc. et al
| Nancy Bellas |
| Wyoming Valley Nurses Association, Wyoming Valley Health Care System, Inc. and James Carmody |
| 3:2011cv00673 |
| April 11, 2011 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Luzerne |
| Richard P. Conaboy |
| Employment |
| 42 U.S.C. ยง 2000 |
| Plaintiff |
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Filing
67
MEMORANDUM (Order to follow as separate docket entry)For the reasons discussed above, Plaintiffs Motion for Sanctions for Spoliation or, in the Alternative, a Motion to Compel Full and Complete Answers to the Discovery Requests (Doc. 55) is deemed mo ot in part, granted in part and denied in part. The motion is deemed moot as to Interrogatories 5 and 6. The motion is granted in that Defendants are to produce documents requested in Document Request 3, excluding pay information, generated up to a nd including April 30, 2009. The motion is denied in all other respects. Plaintiffs Motion to Stay All Action/Response by the Plaintiff, Nancy Bellas, to the Motion for Summary Judgment until the Discovery Matters Have Been Fully Addressed by this Court (Doc. 57) is deemed moot. An appropriate Order is filed simultaneously with this Memorandum.Signed by Honorable Richard P. Conaboy on 10/18/13. (cc)
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Filing
19
MEMORANDUM For the reasons discussed above, Defendants Partial Motion to Dismiss/Motion to Strike Plaintiffs Amended Complaint (Doc. 15) is granted in part and denied in part. The motion is granted insofar as Defendant Carmody is dismissed from Coun t I, Count III for common law constructive discharge is dismissed, Count IV for defamation is dismissed, and Plaintiffs claims for punitive damages under the ADEA and PHRA in Counts I and II are dismissed/stricken. Based on the reasons for dismissal , allowing amendment of these claims would be futile. Defendants motion is denied insofar is it seeks dismissal of Plaintiffs claim for liquidated damages under the PHRA in Count II. With this determination, Plaintiffs Amended Complaint (Doc. 11) g oes forward as follows: Count I for Violation of the ADEA proceeds against Defendant WVHCS Retention Company only with Plaintiffs request for punitive damages stricken; and Count II goes forward in all respects except Plaintiffs request for punitive damages is stricken. An appropriate Order is filed simultaneously with this Memorandum. (See Memorandum)Signed by Honorable Richard P. Conaboy on 9/10/12. (cc, )
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