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Green v. McNeil Consumer Health Care

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


September 9, 2010

LEONTYNE GREEN, PLAINTIFF,
v.
MCNEIL CONSUMER HEALTH CARE, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Cynthia M. Rufe, J.

ORDER

AND NOW, this 9th day of September, 2010, upon consideration of Defendants' Motion for Summary Judgment [Doc. No. 22], Plaintiff's Response [Doc. No. 23], Defendants' Reply [Doc. No. 25], Plaintiff's Sur-Reply [Doc. No. 28], and oral argument held thereon [Doc. No. 32], and for the reasons stated in the attached Memorandum Opinion, it is hereby

ORDERED that Defendants' Motion is GRANTED in part, DENIED in part, as follows:

1) Defendants' Motion on Plaintiff's sex discrimination claim is GRANTED. Count II of Plaintiff's Complaint [Doc. No. 1] is DISMISSED with prejudice; and

2) Defendants' Motion on Plaintiff's race discrimination and retaliation claims is DENIED. Counts I and III remain.

It is further ORDERED that within fourteen (14) days of the date of this Order, the parties, through counsel, shall file a joint report as to whether they believe a settlement conference before a magistrate judge, mediation under Local Civil Rule 53.3 and the Mediation Protocol Under Local Civil Rule 53.3, or some other form of Alternative Dispute Resolution (ADR) might be of assistance in resolving the case and, if so, on what form of ADR they agree and by what date they will be prepared to commence such proceedings. The parties SHALL include in the report dates in November and December of 2010 on which the parties and counsel are available for trial.

It is so ORDERED.

20100909

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