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06-595 - Hughes v. Dale County Medical Center (CONSENT)


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06-595 - Hughes v. Dale County Medical Center (CONSENT)
April 16, 2008
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ORDER granting 26 Motion to Strike the Affidavit of Sheila Dunn as further set out; It is further Ordered that the order of the court (doc 25) granting plaintiff's motion to substitute affidavit of Deborah Hughes is hereby VACATED as further set out in order. Signed by Judge Honorable Susan Russ Walker on 4/16/08. (vma, )
April 16, 2008
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MEMORANDUM OPINION AND ORDER directing that the def's 13 motion for summary judgment is DENIED as to: (1) plf's claims pursuant to the ADA and ADEA that def retaliated against her by refusing to consider her applications for re-employment; (2) plf's FMLA claim that def retaliated against her by materially altering her work environment and conditions, by terminating her employment, and by refusing to consider her applications for re-employment; and (3) plf's ADEA claim that she was subjected to different terms and conditions than younger workers; the motion is GRANTED as to all other claims against the defendant; further ORDERING that Counts Seven and Eight, plf's assault and battery claims against Pat Ennis, are DISMISSED without prejudice; further ORDERING that the parties are DIRECTED to provide to the court, on or before 4/23/08, a new proposed pretrial order consistent with the court's ruling on the present motion. Signed by Judge Honorable Susan Russ Walker on 4/16/08. (Attachments: # (1) civil appeals checklist)(djy, )