CHILDRES v. B MERRELL'S INC

Filing 34

ORDER denying 23 Motion for Summary Judgment. Ordered by Judge Clay D. Land on 05/14/2013. (CGC)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA COLUMBUS DIVISION CHERYL D. CHILDRES, * Plaintiff, * vs. * B. MERRELL, INC., * Defendant. CASE NO. 4:12-CV-31 (CDL) * O R D E R Plaintiff assistant Cheryl manager D. at Childres B. (“Childres”) Merrell’s, a was Columbus, an Georgia restaurant owned and operated by Defendant B. Merrell, Inc. (“B. Merrell’s”). Childres claims that B. Merrell’s paid her male less than a Merrell’s fired her disparity. assistant after she manager complained and that B. about the pay Childres brings discrimination and retaliation claims under the Equal Pay Act of 1963 (“EPA”), 29 U.S.C. § 206(d), and Title (“Title VII”), VII of the 42 U.S.C. § Civil 2000e, Rights et seq. Act of 1964 Presently pending before the Court is the summary judgment motion of B. Merrell’s. Having thoroughly reviewed the motion and with the benefit of oral argument, the Court finds that genuine fact disputes exist regarding Childres’s claims. Accordingly, the summary judgment motion (ECF No. 23) is denied. IT IS SO ORDERED, this 14th day of May, 2013. S/Clay D. Land CLAY D. LAND UNITED STATES DISTRICT JUDGE 2

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