MOSES v. PNS STORES INC

Filing 15

REPORT OF PRE-FILING CONFERENCE UNDER LOCAL RULE 56 - By JUDGE D. BROCK HORNBY. (mnw)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
DON JUAN MOSES,
PLAINTIFF
v.
PNS STORES, INC.,
DEFENDANT

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CIVIL NO. 2:13-CV-170-DBH

REPORT OF PRE-FILING CONFERENCE UNDER LOCAL RULE 56
A Local Rule 56 pre-filing conference was held on December 5, 2013.
The plaintiff’s complaint includes three claims under the Maine Human
Rights Act, 5 M.R.S.A. § 4551 et seq.―race discrimination (Count I), retaliation
(Count

II)

and

constructive

discharge

(Count

III).

The

plaintiff’s

race

discrimination claim has two parts to it―(1) failure to transfer the plaintiff to the
Furniture Department, and (2) hostile work environment.

The plaintiff’s race

discrimination and retaliation claims are not dependent on the constructive
discharge claim. The defendant will move for summary judgment on all claims.
The following deadlines and page limits were established by agreement:
By January 24, 2014, the defendant will file its motion for
summary judgment with a 20 page limit and no more than 95
factual statements.
By February 18, 2014, the plaintiff will respond to the motion
for summary judgment.
By February 25, 2014, the defendant will file its reply.
SO ORDERED.
DATED THIS 12TH DAY OF DECEMBER, 2013
/S/D. BROCK HORNBY
D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE