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Judith Cavaliere v. Advertising Specialty Institute Inc.

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


February 17, 2012

JUDITH CAVALIERE
v.
ADVERTISING SPECIALTY INSTITUTE INC.

The opinion of the court was delivered by: Stewart Dalzell

ORDER

And now, this 16th day of February, 2012, upon consideration of plaintiff Judith Cavaliere's complaint (docket entry # 11), defendant Advertising Specialty Institute Inc.'s ("ASI's") motion for partial summary judgment (docket entry # 21), Cavaliere's response in opposition thereto (docket entry # 23), and ASI's reply in support of its motion (docket entry # 27), and upon the analysis set forth in the accompanying Memorandum, it is hereby ORDERED that:

1. Defendant ASI's motion for partial summary judgment (docket entry # 21) is GRANTED IN PART;

2. Count II of plaintiff Cavaliere's complaint (docket entry # 1) is DISMISSED WITH PREJUDICE to the extent it asserts claims of discrimination under the ADA;

3. Cavaliere's damages claims for back pay and front pay in her complaint (docket entry # 1) are DISMISSED;

4. Count I of plaintiff Cavaliere's complaint (docket entry # 1) is WITHDRAWN to the extent it asserts a claim of interference under the FMLA;

5. In accordance with Loc. R. Civ. P. 72.1 and 28 U.S.C. § 636(b)(3), this case is REFERRED to Judge Jacob P. Hart to attempt to resolve this controversy;

6. The parties shall COOPERATE in accordance with Judge Hart's instructions and shall make every effort to meet with him at his earliest convenience; and

7. Further scheduling shall ABIDE the results of Judge Hart's efforts.

BY THE COURT:

20120217

© 1992-2012 VersusLaw Inc.



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