IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
July 25, 2006
DANIEL M. DROZDOWSKI, PLAINTIFF,
NORTHLAND LINCOLN MERCURY, DEFENDANT.
The opinion of the court was delivered by: Joy Flowers Conti United States District Judge
Judge Conti Magistrate Judge Hay
AND NOW, this 25th day of July, 2006, after Daniel M. Drozdowski ("plaintiff"), filed an action in the above-captioned case, and after a Motion for Summary Judgment was submitted by Northland Lincoln Mercury ("defendant"), and after a Report and Recommendation was filed by the United States magistrate judge granting the parties ten days after being served with a copy to file written objections thereto, and upon consideration of the objections filed by defendant which essentially reargues the matters raised in the summary judgment motion,*fn1 and the response to those objections filed by plaintiff, and upon independent review of the motion and the record, where it appears drawing all inferences in favor of the non-moving party as required by Federal Rule of Civil Procedure 56(c), plaintiff established a prima facie case of disability discrimination in counts I and II of the complaint, and a factual dispute exists concerning plaintiff's retaliatory discharge claims in counts III and IV, and upon consideration of the magistrate judge's Report and Recommendation, which is adopted as the opinion of this court,
IT IS ORDERED that defendant's Motion for Summary Judgment [Docket No. 29] is granted with respect to plaintiff's request for compensatory and punitive damages in count III of the complaint and denied in all other respects.