HARRIS v. JO-ANN STORES INC

Filing 42

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)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
EILEEN DEBORAH HARRIS,
PLAINTIFF
v.
JO-ANN STORES INC.,
DEFENDANT

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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