Gentry v. Maggie Valley Resort Management, LLC et al

Filing 93

ORDER denying 57 Motion for Summary Judgment, 61 Motion for Summary Judgment and 78 Motion to Strike. Allowing 91 Joint MOTION for Extension of Time. Parties may make such exchange of disclosures not later than the Final Pretrial Conference. Signed by District Judge Max O. Cogburn, Jr on 8/11/2014. (nv)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
DOCKET NO. 1:13-cv-00108-MOC-DLH
JUDITH GENTRY,
Plaintiff,
Vs.
MAGGIE VALLEY RESORT MANAGEMENT,
LLC; EAST WEST PARTNERS CLUB
MANAGEMENT COMPANY, INC.; AND
JAY MANNER,
Defendants.

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ORDER

THIS MATTER is before the court on defendants’ Motions for Summary Judgment (#s
57 & 61) and defendants’ joint Motion to Strike memorandum in Opposition to Motion. While
defendants have come forward with some evidence that plaintiff was terminated due to a
reduction-in-force and consolidation of positions, plaintiff has come forward with evidence that,
if admitted at trial and believed, could satisfy each element of an ADA claim, a wrongful
discharge claim under state law, and the shifting burdens of a Title VII claim based on gender.
Put another way, genuine issues of material fact exist as to why plaintiff’s employment was
terminated. Having considered defendants’ motion and reviewed the pleadings, the court enters
the following Order.
ORDER
IT IS, THEREFORE, ORDERED that defendants’ Motions for Summary Judgment
(#57 & 61) and defendants’ joint Motion to Strike Memorandum in Opposition to Motion are
DENIED. The joint Motion for Extension of Time to File [Exchange] Pretrial Disclosures (#91)

is ALLOWED, and the parties may make such exchange of disclosures not later than the Final
Pretrial Conference.

Signed: August 11, 2014