Tarabocchia v. Ball Aerospace and Technologies Corporation
ORDER Denying 43 Motion for Summary Judgment and 53 Motion to Strike Declarations and Witnesses, signed by Judge Richard P. Matsch on 11/20/2009.(rpmcd)
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Civil Action No. 07-cv-02019-RPM MARTIN N. TARABOCCHIA, Plaintiff, v. BALL AEROSPACE AND TECHNOLOGIES CORP., Defendant. _____________________________________________________________________________ ORDER DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND MOTION TO STRIKE _____________________________________________________________________________ Upon consideration of the filed papers in support and opposition to the defendant's motion for summary judgment and the motion to strike declarations and witnesses, the Court finds and concludes that there are sufficient showings of evidentiary support to warrant an inference that the plaintiff's termination of his employment was in violation of the Age Discrimination in Employment Act and in retaliation for his protesting a proposal that may have been in violation of established public policy. The defendant's motion to strike declarations and witnesses is unfounded. It is ORDERED that the defendant's motion for summary judgment and the defendant's motion to strike declarations and witnesses are denied. DATED: November 20th, 2009 BY THE COURT: s/Richard P. Matsch ________________________________ Richard P. Matsch, Senior District Judge
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