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STADTMILLER v. UPMC HEALTH PLAN, INC.

Civil Action No. 09-884.

799 F.Supp.2d 492 (2011)

Shane STADTMILLER, Plaintiff v. UPMC HEALTH PLAN, INC., Defendant.

United States District Court, W.D. Pennsylvania.

June 29, 2011.

Attorney(s) appearing for the Case

Andrew M. Stone, Stone Law Firm, LLC, Timothy P. O'Brien, Pittsburgh, PA, for Plaintiff.

John J. Myers, Andrew T. Quesnelle, Eckert, Seamans, Cherin & Mellott, Pittsburgh, PA, for Defendant.

MEMORANDUM OPINION

CONTI, District Judge.

Pending before the court is the motion for summary judgment (ECF No. 39) filed by the defendant UPMC Health Plan, Inc. ("UPMC" or the "Defendant"), with respect to claims made by Shane Stadtmiller ("Stadtmiller" or the "Plaintiff") in his five-count, third amended complaint. (ECF No. 36). Count I is premised on the Uniformed Services Employment and Re-Employment Rights Act ("USERRA"), 38 U.S.C. § 4301...

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