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15-1348 - LOCKWOOD et al v. MCMILLAN et al


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15-1348 - LOCKWOOD et al v. MCMILLAN et al
February 24, 2017
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ORDER - Plaintiff Linda Mohr is the wastewater clerk in the office of the clerk-treasurer of the City of Beech Grove ("the City"). Plaintiff Julie Lockwood is the administrative assistant to the Mayor of Beech Grove, Dennis Buckley ("Mayor Buckley"). Defendant Dan McMillan was elected clerk-treasurer of Beech Grove in 2011 and took office in January 2012. The Plaintiffs allege that shortly after taking office, Mr. McMillan began harassing the Plaintiffs and other female employees based on their gender. The Plaintiffs have raised claims asserting that the City violated 42 U.S.C. § 2000e ("Title VII"), and that both the City and Mr. McMillan violated 42 U.S.C. § 1983 and the Equal Protection Clause of the United States Constitution by subjecting them to a hostile work environment, thereby discriminating against them based on their gender. Presently pending before the Court are: (1) Motions for Summary Judgment filed by the City, [Filing No. 63], and Mr. McMillan, [Filing No. 68]; and (2) Mr. McMillan's objections to the admission of certain evidence, [Filing No. 96]. For the reasons that follow, the Defendants' Motions for Summary Judgment are granted, and the objections to the admission of certain evidence are overruled in part and sustained in part. The Court OVERRULES IN PART and SUSTAINS IN PART Mr. McMillan's objections to the admission of certain evidence: [Filing No. 96.] Mr. McMillan's objection to the admission of the resignation letters of Brenda Michael,[Filing No. 85-15], and Janet Moore, [Filing No. 85-16], is OVERRULED;Mr. McMillan's objection to the admission of the Ogletree Report is SUSTAINED; and Mr. McMillan's objections to the admission of certain statements in the Plaintiff's brief are OVERRULED IN PART AND SUSTAINED IN PART. The Court GRANTS the Defendants' Motions for Summary Judgment. [Filing No. 63;Filing No. 68]. Final judgment shall enter accordingly. (See Order.) Signed by Judge Jane Magnus-Stinson on 2/24/2017. (RSF)