NESSELROTTE v. ALLEGHENY ENERGY, INC. et al
| 2:2006cv01390 |
| October 16, 2006 |
| US District Court for the Western District of Pennsylvania |
| Pittsburgh Office |
| Gary L. Lancaster |
| Civil Rights: Jobs |
| 29 U.S.C. ยง 621 Job Discrimination (Age) |
| Plaintiff |
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Filing
253
MEMORANDUM OPINION indicating that, for the reasons more fully stated in said Opinion, Defendants' motion for partial summary judgment 121 is granted. Specifically, Defendants' motion for partial summary judgment on the defense of after- acquired evidence is granted. Allegheny's motion for partial summary judgment as to liability on its breach of contract claim is granted; the issue of Allegheny's contractual damages shall be determined at trial. Allegheny's motion f or partial summary judgment as to liability on its claim for breach of fiduciary duty is granted; the issue of damages resulting from said breach shall likewise be determined at trial. An appropriate Order follows. Signed by Judge Nora Barry Fischer on 3/23/09. (jg) Modified on 3/24/2009. (jsp)
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Filing
251
MEMORANDUM OPINION indicating that, for the reasons stated more fully in said Opinion, Defendants' Motion for Summary Judgment (Docket No. 126 ) is granted, in part, and denied, in part. Defendants' motion is granted with respect to Plain tiff's claims of discrimination and retaliation under Title VII, as well as Plaintiff's analogous claims brought pursuant to the PHRA. Defendants' motion is denied with respect to Plaintiff's claims of age discrimination and retaliation in violation of the ADEA, as well as Plaintiff's analogous PHRA claims. An appropriate Order will follow. Signed by Judge Nora Barry Fischer on 3/16/09. (jg) Modified on 3/17/2009. (jsp)
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Filing
235
MEMORANDUM ORDER indicating that, for the reasons stated more fully within, Plaintif'fs Motion for Leave to File Response to Defendants' Statement of Undisputed Facts in Support of Their Motion for Partial Summary Judgment 121 on After-Ac quired Evidence, Affirmative Defense, and Liability as to Counterclaims 220 is granted. Plaintiff shall file a response to SUMF-123 123 that conforms with the Local Rules within one (1) business day of this Memorandum Order. Defendants are gran ted ten (10) days in which to reply to Plaintiff's response and to supplement and/or resubmit their reply brief in support of their Motion for Partial Summary Judgment. The Court will not permit any additional briefing once Defendants have made their filings. Signed by Judge Nora Barry Fischer on 1/30/09. (jg) Modified on 2/2/2009. (jsp)
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