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FN6. The court observes that plaintiff did not depose Gawin, Kasdan, or Madrisotti. Nor
did plaintiff offer affidavits completed by Gawin, Kasdan, or Madrisotti. To the extent
that the statements made by Gawin, Kasdan, and Madrisotti are offered to show that
Henderson was a victim of gender discrimination, they are stricken as inadmissible as lay 179 opinion statements. See Hester v. Bic Corp., 225 F.3d 178, 185 (2d Cir.2000) (holding
"that in an employment discrimination action, Rule 701(b) [of the Federal Rules of
Evidence] bars lay opinion testimony that amounts to a naked speculation concerning the
motivation for a defendant's adverse employment decision."). Further, a review of the
record reveals that these statements are unsupported by the evidence and speculative.
FN7. Henderson asserts that LaCroix's attempts to place her on a formal "Performance
Improvement Plan" are evidence of gender discrimination. Henderson, however, does not
offer any evidence relating to whether LaCroix attempted to place male employees on
similar plans. Indeed, other than Henderson's own conclusory statements, she offers no
evidence to support the proposition that LaCroix attempted to place her on a formal
Performance Improvement Plan because she was a woman.
FN8. Henderson also offers Blaney's deposition testimony that Gawin
and Madrisotti did not feel comfortable around Shepard. Although Blaney acknowledged
that Shepard could be very intimidating, strong, and sarcastic, (see dkt. # 49-7, Blaney
Dep., Ex. 5 at 111-112) Blaney also testified that she did not recall whether anyone
specifically told her that Shepard was biased against women (Id. at 112:25-113:19).
Blaney further characterized the conflict between Gawin and Shepard as one of clashing
personalities, not one of gender bias. (Dkt. # 44, Blaney Dep., Ex. 10 at 111:11.)
Accordingly, the statements concerning Shepard's "strong" and "intimidating" personality
(Id. at 111:1-2) are unrelated to whether Henderson is biased against women and to
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.
- Spring '08