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06-1462 - CONNOLLY v. THE PEPSI BOTTLING GROUP, LLC


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06-1462 - CONNOLLY v. THE PEPSI BOTTLING GROUP, LLC
September 22, 2008
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MEMORANDUM OPINION granting 20 defendant's motion for summary judgment. As set forth more fully in the opinion, the crux of the issue in this case is pretext and plaintiff failed to produce sufficient evidence that tends to show defendant's legitimate non-discriminatory reason for the adverse employment action was not worthy of credence or that his age was more likely than not a motivating factor in the employment decision. The bases for defendant's proffered reason for the adverse employment are supported by undisputed evidence contained in the record. Under these circumstances, the court concluded that while plaintiff established a prima facie case of discrimination, no reasonable jury could conclude that defendant's stated, nondiscriminatory reason for terminating him was pretextual. Signed by Judge Joy Flowers Conti on 9/22/08. (cal )