HARRIS v. JO-ANN STORES INC, No. 2:2013cv00124 - Document 42 (D. Me. 2014)
Court Description: DECISION AND ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT - Count 3 is Dismissed; denying Summary Judgment as to the two other Counts re 24 Motion for Summary Judgment. By JUDGE D. BROCK HORNBY. (mnw)
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UNITED STATES DISTRICT COURT DISTRICT OF MAINE EILEEN DEBORAH HARRIS, PLAINTIFF v. JO-ANN STORES INC., DEFENDANT ) ) ) ) ) ) ) ) ) ) CIVIL NO. 2:13-CV-124-DBH DECISION AND ORDER ON DEFENDANT S MOTION FOR SUMMARY JUDGMENT The plaintiff s claim for retaliation, Count 3, is DISMISSED, as the plaintiff agreed at the Local Rule 56 Conference on December 4, 2013. The defendant s motion for summary judgment on the other two counts, age discrimination and gender discrimination under the Maine Human Rights Act, is DENIED. Whatever a jury might conclude, in the summary judgment record there are genuine issues of material fact on the bases for the plaintiff s termination, and there is sufficient evidence of pretext to avoid summary judgment in the defendant s favor. SO ORDERED. DATED THIS 3RD DAY OF MARCH, 2014 /S/D. BROCK HORNBY D. BROCK HORNBY UNITED STATES DISTRICT JUDGE
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