Barton v. Zimmer Inc
Filing 207
OPINION AND ORDER GRANTING in PART and DENYING in PART the Defendants Motion for Summary Judgment [DE 128]. The Plaintiff may proceed on his claim that theDefendant intentionally discriminated against him in violation of the ADEA. The Defendants Moti on to Strike Affidavit of Plaintiffs Expert John Kuras [DE 130] is DENIED WITHOUT PREJUDICE subject to automatic renewal as a motion in limine at the time of the Final Pretrial Conference. The Defendants Motion to Strike Affidavit of Bruce Barton [DE 156], and Motion to Strike Inadmissible Evidence Submitted in Opposition to Motion for Summary Judgment[DE 181] are GRANTED IN PART and DENIED IN PART consistent with the findingcontained in this Opinion and Order. The Filing of Supplemental Authori ty in Support of its Motion for Summary Judgment [DE 202], which appears on the docket as a pending motion, is GRANTED. The Plaintiffs Motion for Oral Argument [DE 175] and the Defendants Motion for Oral Argument [DE 178] are DENIED as MOOT. Signed by Judge Theresa L Springmann on 7/16/09. (jcp)
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