United States District Court, Middle District of Pennsylvania
May 1, 2015
DONALD LEGRAND, Plaintiff
PPL SUSQUEHANNA, LLC, Defendant
Robert D. Mariani, United States District Judge
AND NOW, THIS 1ST DAY OF MAY, 2015,, upon consideration of Defendant's motion for summary judgment (Doc. 28) and all accompanying briefs, de novo review of Magistrate Judge Carlson's Report and Recommendation (Doc. 49), and consideration of Defendant's Objections thereto (Docs. 50, 51) and Plaintiffs response (Doc. 52), IT IS HEREBY ORDERED THAT:
1. Defendant's Objections (Docs. 50, 51) are SUSTAINED IN PART and DENIED IN PART.
2. The Report and Recommendation (Doc. 49) is ADOPTED IN PART and OVERRULED IN PART.
3. Defendant's motion for summary judgment (Doc. 28) is GRANTED IN PART and DENIED IN PART; to wit:
a. Defendant's motion for summary judgment is GRANTED as to Count I of Plaintiffs Complaint and judgment is entered IN FAVOR of Defendant PPL Susquehanna LLC and AGAINST Plaintiff Donald LeGrand.
b. Defendant's motion for summary judgment is DENIED as to Counts HI and IV, but only to the extent that there remains an issue of fact as to whether Plaintiffs termination was the result of a discriminatory refusal to allow him to participate or enroll in LOC 24.
4. A telephone scheduling conference will be held on Wednesday, May 6, 2015, at 215 p.m. to select dates for a pre-trial conference and for jury selection. Counsel for Plaintiff is responsible for arranging the call to (570) 207-5750, and all parties should be ready to proceed before the undersigned is contacted.