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Showers v. Endoscopy Ctr. of Cent. __ Pa. __, LLC

United States District Court, M.D. Pennsylvania

November 7, 2014

VIRGINIA L. SHOWERS, Plaintiff
v.
ENDOSCOPY CENTER OF CENTRAL PENNSYLVANIA, LLC et al., Defendants

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[Copyrighted Material Omitted]

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[Copyrighted Material Omitted]

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For Virginia L. Showers, Plaintiff: Mark A. Hipple, LEAD ATTORNEY, Artell Law Group, LLC, Harrisburg, PA.

For Endoscopy Center of Central Pennsylvania, LLC, Gastroenterology Associates of Central Pennsylvania, Defendants: Bradford Dorrance, Keefer Wood Allen & Rahal LLP, Harrisburg, PA.

Page 450

MEMORANDUM

Christopher C. Conner, Chief United State District Judge.

Plaintiff Virginia Showers brings the above-captioned action pursuant to the Americans with Disabilities Act (" ADA" ), 42 U.S.C. § 12101 et seq., and the Pennsylvania Human Relations Act (" PHRA" ), 43 PA. STAT. ANN. § 951 et seq. Showers alleges that Endoscopy Center of Central Pennsylvania, LLC and Gastroenterology Associates of Central Pennsylvania, P.C. (collectively, " defendants" ) unlawfully discriminated against and terminated her on the basis of her disability. Presently before the court is defendants' motion (Doc. 15) for summary judgment. For the reasons that follow, the court will grant the motion.

I. Factual Background and Procedural History[1]

From 2005 to 2011, Virginia Showers (" Showers" ) worked at Endoscopy Center of Central Pennsylvania, LLC (" ECCP" ) as a receptionist. (Doc. 16 ¶ ¶ 3, 97; Doc. 20 ¶ ¶ 3, 97). ECCP is a licensed ambulatory surgical center in Hershey, Pennsylvania. (Doc. 16 ¶ ¶ 123, 129; Doc. 20 ¶ ¶ 123, 129). Dr. William A. Rowe (" Dr. Rowe" ) and Dr. Robert F. Werkman (" Dr. Werkman" ) are the sole members and managers of ECCP. (Doc. 16 ¶ 128; Doc. 20 ¶ 128). Dr. Werkman also serves as the state-mandated Medical Director of ECCP. (Doc. 16 ¶ 133; Doc. 20 ¶ 133).

Prior to her employment at ECCP, Showers worked as a receptionist at Gastroenterology Associates of Central Pennsylvania, P.C. (" GACP" ). (Doc. 16 ¶ 1; Doc. 20 ¶ 1). According to Dr. Rowe, who testified on behalf of ECCP and GACP as a corporate designee, GACP provides patient care in the fields of gastroenterology and hepatology. (Doc. 19-2, Rowe Dep. at 9:2-21, Feb. 20, 2014 (" Designee Dep." )). Dr. Rowe and Dr. Werkman are board members and 50-percent shareholders of GACP. (Doc. 16 ¶ 127; Doc. 20 ¶ 127). Victoria Farr (" Farr" ) served as the Center Director of ECCP, while Shirley Nye (" Nye" ) served as the Officer Manager of GACP. (Doc. 16 ¶ 130; Doc. 20 ¶ 130). In the area of human ...


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