Linder v. Ford Motor Credit
Filing
164
ORDER Granting in Part and Denying in Part 85 Motion for Summary Judgment, Denying 126 Motion to Strike, and Denying 161 Motion to Strike. Proposed Joint Pretrial Order due by 4/28/2010. Signed by Judge Philip M. Pro on 4/7/10. (Copies have been distributed pursuant to the NEF - ASB)
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UNITED STATES DISTRICT COURT DISTRICT OF NEVADA *** AGER M. LINDER III, ) ) Plaintiff, ) ) vs. ) ) FORD MOTOR CREDIT COMPANY, ) ) Defendant. ) ) _________________________________) 2 :08-CV-00540-PMP-PAL ORDER
Before the Court for consideration are Defendant's Motion for Summary Judgment (Doc. #85), Plaintiff's Motion to Strike Various Exhibits (Doc. #126), and Defendant's Motion to Strike Various Exhibits (Doc. #161). The hearing was conducted regarding the foregoing motions on March 26, 2010. Plaintiff Linder's Pro Se Complaint essentially alleges claims for disparate treatment and wrongful termination based upon race, hostile work environment retaliation and defamation. The specifics of Plaintiff's claims are clarified by the foregoing motions and the arguments of counsel presented at the hearing conducted March 26, 2010. Having fully considered the foregoing, the Court finds that Plaintiff Linder has failed to show there exist genuine issues of material fact as to his claims as to hostile work environment and defamation. Accordingly, Defendant is entitled to judgment as a matter of law on those claims pursuant to Rule 56 of the Federal Rules of Civil Procedure. The Court finds further, however, that genuine issues of
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material fact are raised with respect to Plaintiff Linder's claims for disparate treatment and wrongful termination based upon race and retaliation. The Court further finds that the respective motions to strike filed by the parties should be denied. IT IS THEREFORE ORDERED that Defendant Ford Motor Credit Company's Motion for Summary Judgment (Doc. #85) is GRANTED with regard to Plaintiff Linder's claims for hostile work environment and defamation, and is DENIED with respect to Plaintiff Linder's claim for disparate treatment and wrongful termination based upon race and retaliation. IT IS FURTHER ORDERED that Plaintiff Linder's Motion to Strike Various Exhibits (Doc. #126) is DENIED. IT IS FURTHER ORDERED that Defendant Ford Motor Credit Company's Motion to Strike Various Exhibits (Doc. #161) is DENIED. IT IS FURTHER ORDERED that counsel for the parties shall forthwith meet and confer, and shall not later than April 28, 2010, file a joint pretrial order in compliance with Local Rules of this Court. DATED: April 7, 2010.
PHILIP M. PRO United States District Judge
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