Nelson v. Chattahoochee Valley Hospital Society, No. 3:2009cv00700 - Document 64 (M.D. Ala. 2010)

Court Description: MEMORANDUM OPINION AND ORDER as follows: (1) defendant's 61 Motion to Alter or Amend the Court's 08/04/2010 Memorandum Opinion and Order is DENIED; (2) the plaintiff's 63 Rule 59(e) Motion to Alter or Amend the Court's 08/04/2010 Memorandum Opinion and Order is DENIED. Signed by Hon. Chief Judge Mark E. Fuller on 8/13/10. (scn, )
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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION KARLEY E. NELSON, Plaintiff, v. CHATTAHOOCHEE VALLEY HOSPITAL SOCIETY, Defendant. ) ) ) ) ) ) ) ) ) CASE NO. 3:09-cv-700-MEF (WO¯Do Not Publish) MEMORANDUM OPINION AND ORDER It is hereby ORDERED as follows: 1. The defendant s Motion to Alter or Amend the Court s August 4, 2010 Memorandum Opinion and Order Regarding Plaintiff s Retaliatory Discharge and Equal Pay Act Claims (Doc. # 61), filed on August 6, 2010, is DENIED.1 2. The plaintiff s Rule 59(e) Motion to Alter or Amend the Court s August 4, 2010 Memorandum Opinion and Order Regarding Plaintiff s 1 The plaintiff s EEOC charge of discrimination is legally sufficient to support her surviving retaliation claim. Although the plaintiff did not check the retaliation box on her charge or explicitly refer to retaliation, she did complain about her discharge. The discharge is the predicate adverse employment action for the plaintiff s retaliation claim, and consequently, the EEOC reasonably could have been expected to investigate the reasons for her discharge, including whether the discharge was retaliatory. See Gregory v. Ga. Dep t of Human Res., 355 F.3d 1277, 1280 (11th Cir. 2004). 1 Pregnancy-Discrimination Claims (Doc. # 63), filed on August 11, 2010, is DENIED. DONE this the 13th day of August, 2010. /s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE 2