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Wade v. C.P. Converters

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


July 15, 2009

FLORETHA WADE, PLAINTIFF
v.
C.P. CONVERTERS, INC. DEFENDANT

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 15th day of July, 2009, upon consideration of the report of the magistrate judge (Doc. 23) recommending that plaintiff's claim of age discrimination be dismissed and that defendant's motion for summary judgment be denied with respect to plaintiff's gender and race discrimination claims,*fn1 and it appearing that plaintiff, who is an African-American woman, has abandoned her age discrimination claim (Doc. 16 at 9), and it further appearing that material issues of fact exist regarding whether plaintiff has established that defendant's proffered reason for termination was pretextual,*fn2 and whether plaintiff actually violated the workplace regulation for which she was allegedly terminated,*fn3 see Anderson v. Liberty Lobby, Inc. 477 U.S. 242, 248-49 (1986) ("The issue of material fact required by [Federal Rule of Civil Procedure] 56(c) to be present to entitle a party to proceed to trial is not required to be resolved conclusively in favor of the party asserting its existence; rather, all that is required is that sufficient evidence supporting the claimed factual dispute be shown to require a jury or judge to resolve the parties' differing versions of the truth at trial"), it is hereby ORDERED that:

1. The report and recommendation of the magistrate judge (Doc. 23) is ADOPTED.

2. Defendant's motion for summary judgment (Doc. 8) is GRANTED in part and DENIED in part as follows:

a. The motion is GRANTED with respect to plaintiff's age discrimination claims.

b. The motion is DENIED in all other respects.

3. The Clerk of Court is instructed to defer entry of judgment until the conclusion of this case.

4. A revised pre-trial and trial schedule shall issue by order of court.

CHRISTOPHER C. CONNER United States District Judge


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