Offutt Evanger v. Georgia-Pacific Company

Filing 47

ORDER denying 26 Plaintiff's Motion for Summary Judgment; denying 27 Defendant's Motion for Summary Judgment; signed by Judge Ronald B. Leighton.(DN)

HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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SHANNA OFFUTT EVANGER,
Plaintiff,
v.
GEORGIA-PACIFIC GYPSUM, LLC,

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CASE NO. 17-cv-5521RBL
ORDER DENYING MOTIONS FOR
SUMMARY JUDGMENT
[Dkts. 26 and 27]

Defendant.

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THIS MATTER is before the Court on dueling Motions for Summary Judgment [Dkts.

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#26 and #27] in an employment situation wrapped or “rapt” in romance. The Court has reviewed

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the pleadings for and against the motions. Oral argument could not inform the Court further on

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the rich factual tapestry weaved by the participants to this saga. For the reasons that follow, both

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motions are DENIED.

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The Court has reached tentative impressions of the credibility of some of the players and

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of the merits of the parties’ arguments. On summary judgment, the Court cannot weigh

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credibility nor fully appreciate the nuanced positions of the litigants without a trial. These

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motions were dead on arrival by virtue of the complex “tis” – “taint” story the parties tell in their

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ORDER DENYING MOTIONS FOR SUMMARY
JUDGMENT - 1

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factual recitations. There are clearly material issues of fact that, when resolved by the trier of

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fact, will write the last chapter of this interesting, emotional story.

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IT IS SO ORDERED.

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Dated this 2nd day of July, 2019.

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A

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Ronald B. Leighton
United States District Judge

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[DKTS. 26 AND 27] - 2