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Not Precedential
Not Precedential
This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not
constitute binding precedent.
1
fully and completely explained why Frank failed to raise a genuine issue of material fact
regarding pretext. Therefore, the district court granted summary judgment to PNC on
Franks ADEA claim. 2013 WL 4432857 at *6-9. We are in complete agreement with
the district courts explanation and holding that Frank failed to raise a triable issue of fact
relative to pretext. Accordingly, we will affirm the district courts grant of summary
judgment to PNC on Franks ADEA claim substantially for the reasons set forth in the
district courts opinion.
The district court found that Frank failed to make out a prima facie case of
disability discrimination under the ADA because she failed to present any evidence that
the relevant decision-makers were aware of her claim that she had multiple sclerosis.
Thus, the district court granted summary judgment to PNC on Franks ADA claim. 2013
WL 4432857 at *9-10. We will also affirm the district courts grant of summary
judgment on that claim substantially for the reasons set forth in the district courts
opinion.