Opinion
Civil Action 23-CV-03611
06-11-2024
GARY SPATAFORE, Plaintiff, v. SUGARHOUSE HSP GAMING, L.P., Defendant.
ORDER
CHAD F. KENNEY, JUDGE
AND NOW, this 11th day of June 2024, upon consideration of Defendant's Motion for Summary Judgment (ECF No. 20), Plaintiff's Response in Opposition (ECF No. 21), Defendant's Reply (ECF No. 22), and Plaintiff's Sur Reply (ECF No. 24), it is hereby ORDERED that Defendant's Motion for Summary Judgment (ECF No. 20) is GRANTED with respect to Plaintiff's federal claims under the Age Discrimination in Employment Act (“ADEA”) (29 U.S.C. § 621, et seq.) in Counts I and III, for the reasons stated in the Court's Memorandum. All remaining state claims under the Pennsylvania Human Rights Act (“PHRA”) (43 P.S. 951, et seq.) are REMANDED to the Court of Common Pleas of Philadelphia County.
As noted in the Court's Memorandum, Plaintiff brings Count III under the ADEA, as well as under the Americans with Disabilities Act (ADA). However, there is no basis for bringing an age discrimination claim under the ADA. The Court thus assumes this claim was brought under the ADA in error.
The Clerk of Court is directed to close the above-captioned case.