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Davis v. Crothall Servs. Group, Inc.

United States District Court, W.D. Pennsylvania

August 6, 2013

TERRY L. DAVIS, Plaintiff,
v.
CROTHALL SERVICES GROUP, INC., Defendant

Page 717

[Copyrighted Material Omitted]

Page 718

[Copyrighted Material Omitted]

Page 719

For TERRY L. DAVIS, Plaintiff: Kathryn Sydny Piscitelli, LEAD ATTORNEY, Orlando, FL; Timothy P. O'Brien, LEAD ATTORNEY, Pittsburgh, PA.

For CROTHALL SERVICES GROUP, INC., Defendant: Christopher Michalski, Robert W. Cameron, LEAD ATTORNEYS, Littler Mendelson, Pittsburgh, PA; Marcy L. McCullough, Littler Mendelson, P.C., Pittsburgh, PA; Vincent J. Mersich, Law Office of Vincent J. Mersich, Elizabeth, PA.

OPINION

Page 720

KIM R. GIBSON, UNITED STATES DISTRICT JUDGE.

MEMORANDUM OPINION AND ORDER OF COURT

I. SYNOPSIS

This matter comes before the Court on Defendant's " Motion for Summary Judgment, or, in the Alternative, Summary Adjudication." (Doc. No. 62) and Plaintiff's " Partial Motion for Summary Judgment." (Doc. No. 66). Each party opposes the other's motion and each motion has been fully briefed. For the reasons that follow, the Court will DENY Defendant's motion and will GRANT in part and DENY in part Plaintiff's motion.

II. JURISDICTION AND VENUE

Jurisdiction is proper in the United States District Court for the Western District of Pennsylvania pursuant to 28 U.S.C. § 1331 and 38 U.S.C. § 4323(b)(3) of the Uniformed Services Employment and Reemployment Rights Act of 1994 (" USERRA" ). Venue is proper ...


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