STADTMILLER v. UPMC Health Plan, Inc.

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. § 4301-33. Count II is brought pursuant to Pennsylvania’s Military Affairs Act, as amended, 51 Pa. Con. Stat. §§ 7301 et. seq. In count III, the Plaintiff…