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05-166 - MCDEVITT v. COMMONWEALTH OF PENN, et al


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05-166 - MCDEVITT v. COMMONWEALTH OF PENN, et al
October 18, 2006
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MEMORANDUM OPINION AND ORDER granting in part and denying in part 21 Motion to Dismiss; it is hereby Ordered that the Title VII claims against Defendant Donald McNany (improperly identified in the Amended Complaint as Daniel McNany), Defendant Shawn Hood, and Defendant Joe Fox are Dismissed, in all other respects, the Defendants' Motion to Dismiss is Denied; and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 10/18/2006. (dlg) Modified on 10/20/2006 (cen).
January 11, 2007
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MEMORANDUM OPINION AND ORDER granting in part and conditionally granting in part 57 Motion to Amend Answer. The Court will consider the affirmative defenses of res judicata or collateral estoppel as they are set forth in Defendants' Motion for Summary Judgment (Doc. No. 54). Defendants are granted leave to amend their Answer to state the affirmative defense of accord and satisfaction On the Condition that they also reimburse Plaintiff for the costs she incurs conducting any additional discovery that this defense necessitates. Without the moving Defendants' acceptance of this condition, the Court will neither grant leave to amend their Answer nor consider the accord-and-satisfaction defense as it is set forth in Defendants' Motion for Summary Judgment (Doc. No. 54); it is further Ordered that the moving Defendants have until 1/19/2007 to file with the Court either an affidavit stipulating that they will reimburse Plaintiff for discovery expenses-including attorney's fees-incurred as a result of challenging the accord-and-satisfaction defense, or a motion to withdraw their Motion to Amend Answer with regard to the affirmative defense of accord and satisfaction. Upon receipt of such an affidavit, the Court will reopen discovery as appropriate; and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 1/11/2007. (dlg)
September 29, 2008
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MEMORANDUM OPINION AND ORDER OF COURT granting 46 Motion for Summary Judgment in its entirety; granting 54 Motion for Summary Judgment in its entirety, and as more fully stated in said Memorandum Opinion and Order of Court. Signed by Judge Kim R. Gibson on 9/29/2008. (dlg)