Among the conditions listed on the form was mental or

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Unformatted text preview: m. 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 whe...
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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.

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