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04-270 - RUSS-TOBIAS v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE et al


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04-270 - RUSS-TOBIAS v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE et al
March 2, 2006
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MEMORANDUM AND ORDER THAT DEFENDANTS' MOTION FOR JUDGMENT AS A MATTER OF LAW WITH RESPECT TO PLAINTIFF'S SECTION 1981 DISCRIMINATION AND RETALIATION CLAIMS AGAINST ALL DEFENDANTS IS GRANTED BECAUSE SECTION 1981 DOES NOT PROVIDE AN INDEPENDENT CAUSE OF ACTION; DEFENDANT MOYER'S MOTION FOR JUDGMENT AS A MATTER OF LAW IS GRANTED ON THE ADDITIONAL GROUND THAT THERE IS INSUFFICIENT EVIDENCE FOR A REASONABLE JURY TO CONCLUDE THAT MOYER TOOK ANY ADVERSE ACTION AGAINST PLAINTIFF; FINAL JUDGMENT PURSUANT TO FRCP 54(B) IS ENTERED IN FAVOR OF ALL DEFENDANTS, THE PA. BOARD OF PROBATION AND PAROLE, JONES, AND MOYER WITH RESPECT TO PLAINTIFF'S SECTION 1981 CLAIMS; DEFENDANTS' MOTION FOR JUDGMENT AS A MATTER OF LAW WITH RESPECT TO PLAINTIFF'S TITLE VII AND PHRA DISCRIMINATION CLAIMS AGAINST THE PA. BOARD OF PROBATION AND PAROLE IS DENIED; DEFENDANTS' MOTION FOR A NEW TRIAL WITH RESPECT TO PLAINTIFF'S TITLE VII AND PHRA DISCRIMINATION CLAIMS AGAINST THE PA. BOARD OF PROBATION AND PAROLE IS GRANTED; THIS ORDER IS CERTIFIED FOR INTERLOCUTORY APPEAL PURSUANT TO 28 USC SECTION 1292(B) BECAUSE PARAGRAPHS 4,5&6 INVOLVE CONTROLLING QUESTIONS OF LAW AS TO WHICH THERE IS SUBSTANTIAL GROUND FOR DIFFERENCE OF OPINION AND AN IMMEDIATE APPEAL FROM THIS ORDER MAY MATERIALLY ADVANCE THE ULTIMATE TERMINATION OF THE LITIGATION; DEFENDANTS' MOTION TO ALTER OR AMEND THE JUDGMENT IS DENIED AS MOOT; PLAINTIFF'S MOTION FOR ATTORNEYS' FEES IS DENIED. SIGNED BY JUDGE THOMAS N. ONEILL JR. ON 3/2/06. 3/2/06 ENTERED AND COPIES MAILED, E-MAILED.(fdc)