Rhoden v. Children's Hospital of Pittsburgh of The Upmc Health System

MOTION for Summary Judgment

W.D. Pa.December 8, 2016

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA SHARON J. RHODEN, Plaintiff, v. CHILDREN’S HOSPITAL OF PITTSBURGH OF THE UPMC HEALTH SYSTEM, Defendant. ) ) ) ) ) ) ) ) ) Civil Action No. 2:14-cv-00411-DSC ELECTRONICALLY FILED MOTION FOR SUMMARY JUDGMENT NOW COMES Defendant, Children’s Hospital of Pittsburgh of UPMC, incorrectly named in this action as Children’s Hospital of Pittsburgh of the UPMC Health System (hereinafter referred to as “Defendant”), by and through its undersigned counsel, pursuant to Fed. R. Civ. P. 56, and files this Motion for Summary Judgment. The facts and law supporting this Motion are set forth fully in the accompanying Brief in Support of Motion for Summary Judgment, which is being filed contemporaneously herewith. A proposed Order of Court is attached hereto. Dated: December 8, 2016 Respectfully submitted, JACKSON LEWIS P.C. s/ Dean F. Falavolito Dean F. Falavolito PA ID No. 92844 dean.falavolito@jacksonlewis.com A. Patricia Diulus-Myers PA ID No. 33337 diulusmp@jacksonlewis.com (412) 232-0404 | Telephone 412-232-3441 | Facsimile 1001 Liberty Avenue, Suite 1000 Pittsburgh, PA 15222 Counsel for Defendant Case 2:14-cv-00411-DSC Document 73 Filed 12/08/16 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA SHARON J. RHODEN, Plaintiff, v. CHILDREN’S HOSPITAL OF PITTSBURGH OF THE UPMC HEALTH SYSTEM, Defendant. ) ) ) ) ) ) ) ) ) ) ) Civil Action No. 2:14-cv-00411-DSC ELECTRONICALLY FILED ORDER AND NOW, to wit, this _______ day of _____________, 2016, upon consideration of the Motion for Summary Judgment filed by Defendant Children’s Hospital of Pittsburgh of UPMC, it is hereby ORDERED, ADJUDGED and DECREED that the Motion is GRANTED. Plaintiff’s claims are DISMISSED in their entirety, with prejudice. BY THE COURT: Honorable David Stewart Cercone United States District Judge Case 2:14-cv-00411-DSC Document 73-1 Filed 12/08/16 Page 1 of 1