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McCall v. City of Philadelphia

United States District Court, Third Circuit

October 29, 2013

COLEMAN MCCALL, Jr. Plaintiff,
v.
CITY OF PHILADELPHIA, Defendant.

ORDER

RONALD L. BUCKWALTER, Senior District Judge.

AND NOW, this 29 th day of October, 2013, upon consideration of (1) Plaintiff Coleman McCall, Jr.'s Motion for Partial Summary Judgment (Docket No. 40) and Defendant City of Philadelphia's Response (Docket No. 43) and (2) Defendant's Motion for Summary Judgment (Docket No. 41) and Plaintiff's Response (Docket No. 42), it is hereby ORDERED that Plaintiff's Motion is DENIED in its entirety and Defendant's Motion is GRANTED IN PART AND DENIED IN PART as follows:

1. Defendant's Motion is GRANTED with respect to Plaintiff's claims under the Americans with Disabilities Act and the Pennsylvania Human Rights Act (Counts II and III) and Plaintiff's newly-raised Family Medical Leave Act ("FMLA") interference claim.
2. Defendant's Motion is DENIED with respect to Plaintiff's claim for retaliation under the FMLA (Count I).
3. The parties shall appear for a status conference in chambers, Room 14614, United States Courthouse, 601 Market Street, Philadelphia, PA on Wednesday, November 13, 2013 at 11:00 a.m.

It is so ORDERED.


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