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Date: 02-06-2023
Case Style:
Anthony Hammond Murphy v. The Farmer's Dog, Inc.
Case Number: 1:22-CV-00312
Judge: Rihcard A. Lanzillo
Court: United States District Court for the Western District of Pennsylvania (Erie County)
Plaintiff's Attorney:
Defendant's Attorney: Thomas J. Giblin
Description: Erie, Pennsylvania civil rights lawyer represented Plaintiff, who sued Defendant on an Americans With Disabilities Act violation theory.
42 U.S.C. 12101 provides:
The Congress finds that—
(1) physical or mental disabilities in no way diminish a person’s right to fully participate in all aspects of society, yet many people with physical or mental disabilities have been precluded from doing so because of discrimination; others who have a record of a disability or are regarded as having a disability also have been subjected to discrimination;
(2) historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with disabilities continue to be a serious and pervasive social problem;
(3) discrimination against individuals with disabilities persists in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and access to public services;
(4) unlike individuals who have experienced discrimination on the basis of race, color, sex, national origin, religion, or age, individuals who have experienced discrimination on the basis of disability have often had no legal recourse to redress such discrimination;
(5) individuals with disabilities continually encounter various forms of discrimination, including outright intentional exclusion, the discriminatory effects of architectural, transportation, and communication barriers, overprotective rules and policies, failure to make modifications to existing facilities and practices, exclusionary qualification standards and criteria, segregation, and relegation to lesser services, programs, activities, benefits, jobs, or other opportunities;
(6) census data, national polls, and other studies have documented that people with disabilities, as a group, occupy an inferior status in our society, and are severely disadvantaged socially, vocationally, economically, and educationally;
(7) the Nation’s proper goals regarding individuals with disabilities are to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for such individuals; and
(8) the continuing existence of unfair and unnecessary discrimination and prejudice denies people with disabilities the opportunity to compete on an equal basis and to pursue those opportunities for which our free society is justifiably famous, and costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity.
(b) Purpose
It is the purpose of this chapter—
(1) to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities;
(2) to provide clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities;
(3) to ensure that the Federal Government plays a central role in enforcing the standards established in this chapter on behalf of individuals with disabilities; and
(4) to invoke the sweep of congressional authority, including the power to enforce the fourteenth amendment and to regulate commerce, in order to address the major areas of discrimination faced day-to-day by people with disabilities.
Outcome: 02/06/2023 9 NOTICE of Conclusion of Action in Principle by THE FARMER'S DOG, INC. (Giblin, Thomas) (Entered: 02/06/2023)
02/06/2023 10 ORDER FOR ADMINISTRATIVE CLOSING. The Parties, through counsel, have notified the Court that they have reached an agreement to conclude this action. See ECF No. 9. In light of this agreement, the Clerk of Court is directed to mark this case ADMINISTRATIVELY CLOSED as of today's date. Any and all deadlines previously imposed are hereby suspended. Nothing contained in this Order shall be considered a dismissal or disposition of this matter and the Court will retain jurisdiction should further proceedings regarding the Parties' agreement become necessary. See Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375 (1994). Counsel for the Plaintiff, Lawrence H. Fisher, Esq., is hereby ordered to file a Stipulation of Dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) on or before March 6, 2023. Should said Stipulation not be filed by that date, Counsel for the Plaintiff is to file a written status report updating the Court on the progress made toward effectuating the Parties' agreement. Signed by Chief Magistrate Judge Richard A. Lanzillo on February 6, 2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jbh) (Entered: 02/06/2023)
Plaintiff's Experts:
Defendant's Experts:
Comments: