United States District Court, M.D. Pennsylvania
March 31, 2014
JAMES HOLLINGHEAD and MARK SIMPSON, Plaintiffs
CITY OF YORK, PENNSYLVANIA; YORK SEWER AUTHORITY; and, MONOCACY VALLEY ELECTRIC, INC., Defendants
For James Hollinghead, Mark Simpson, Plaintiffs: Ira H. Weinstock, IRA H. WEINSTOCK, P.C., Harrisburg, PA.
For City of York, Pennsylvania, Defendant: Donald B. Hoyt, Assistant City Solicitor, York, PA; Frank J. Lavery , Jr., Lavery, Faherty, Young & Patterson, P.C., Harrisburg, PA; Gary H. Dadamo, Lavery Faherty Patterson, Harrisburg, PA.
For York Sewer Authority, Defendant: Christopher J. Conrad, Marshall Dennehey Warner Coleman and Goggin, Harrisburg, PA.
For Monacacy Valley Electric, Inc., Defendant: Thomas S. Beckley, Beckley & Madden, Harrisburg, PA.
Christopher C. Conner, Chief United States District Judge.
AND NOW, this 31st day of March, 2014, upon consideration of the report and recommendation (Doc. 83) of Chief Magistrate Judge Martin C. Carlson, recommending the court grant the motions for summary judgment (Docs. 55, 59) filed by the City of York (" City" ) and York Sewer Authority (" the Authority" ), wherein Judge Carlson concludes that plaintiffs have failed to establish that the Authority was their employer for purposes of their employment discrimination and retaliation claims, (Doc. 83 at 21-35), and have failed to prove discrimination or retaliation against the City, (id. at 36-49), and, after an independent review of the record, and noting that plaintiffs filed objections 
(Doc. 84) to the report on March 7, 2014, and the court finding Judge Carlson's analysis to be comprehensive, well-reasoned, and fully supported by the record, and further finding plaintiffs' objections to be without merit  and squarely addressed by Judge Carlson's thorough report, it is hereby ORDERED that:
1. The report (Doc. 83) of Chief Magistrate Judge Carlson is ADOPTED in its entirety.
2. Defendants' motions (Docs. 55, 59) for summary judgment are GRANTED as to all remaining claims.
3. Judgment is ENTERED in favor of the City of York, Pennsylvania, and the York Sewer Authority.
4. The Clerk of Court is directed to CLOSE this case.