Agarwal v. Mansfield

Filing 50

ORDER: For the reasons explained in the Memorandum issued contemporaneously herewith, Deft's Motion for Summary Judgment 35 is hereby DENIED. The Pretrial Conference in this case will be held on 1/26/09, at 1:30 p.m., and the jury trial will commence on 2/17/09, both as previously scheduled. It is so ORDERED. Signed by Senior Judge Robert Echols on 1/8/09. (tmw)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION REITA N. AGARWAL, Plaintiff, v. GORDON H. MANSFIELD, Acting Secretary of Veterans Affairs, Department of Veterans Affairs, Defendant. ) ) ) ) ) ) ) ) ) ) ) Case No. 3:07-1149 Judge Echols ORDER For the reasons explained in the Memorandum issued contemporaneously herewith, Defendant's Motion for Summary Judgment (Docket Entry No. 35) is hereby DENIED. The Pretrial Conference in this case will be held on January 26, 2009 at 1:30 p.m., and the jury trial will commence on February 17, 2009, both as previously scheduled. It is so ORDERED. ___________________________________ ROBERT L. ECHOLS UNITED STATES DISTRICT JUDGE UNITED UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION REITA N. AGARWAL, Plaintiff, v. GORDON H. MANSFIELD, Acting Secretary of Veterans Affairs, Department of Veterans Affairs, Defendant. ) ) ) ) ) ) ) ) ) ) ) Case No. 3:07-1149 Judge Echols MEMORANDUM ORDER Fors the reasons discrimination the Memorandum issued VII, 42 U.S.C. § 2000e et seq., Thi employment explained in action brought under Title contemporaneously herewith, Defendant's Court on Defendant's Motion for(Docket Entry No. 35) is hereby DENIED. Plaintiff is before the Motion for Summary Judgment Summary Judgment (Docket Entry No. 35). The Pretrial Conference in this case will be held on January 26, 2009 at 1:30 p.m., and the Reita N. Agarwal ("Dr. Agarwal") has responded in opposition to that Motion (Docket Entry No. 38), jurd Defendant has filed aon February 17, 2009, both as previously scheduled. an y trial will commence reply (Docket Entry No. 44). It is so ORDERED. I. FACTUAL BACKGROUND Dr. Agarwal is a physician employed by the Department of Veterans Affairs ("VA") who __ Medical Center Campus _ __________ worked in the Emergency Room at the Alvin C. York _____________________in_Murfreesboro, ROBERT L. ECHOLS Tennessee. It was her transfer from the Emergency UNITED STATES DISTRICTher to attend a Room and the failure to allow JUDGE leadership program which led to this litigation. The facts underlying Plaintiff's claims are construed in Plaintiff's favor and are as follows. The Alvin C. York Medical Center is part of the Tennessee Valley Healthcare System, which is a part of the VA. Primary Care is a section of the Alvin C. York Medical Center consisting of the 1

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