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Unformatted text preview: or a full trial is
necessary." Wright & Miller, Federal Practice and Procedure: Civil 3d, § 1368 pp. 248-51
(2004). Because the majority believes that the case can be resolved on the pleadings
alone, I respectfully dissent.
Vickers v. Fairfield Medical Center
453 F.3d 757, 98 Fair Empl.Prac.Cas. (BNA) 673, 88 Empl. Prac. Dec. P 42,443, 2006
Briefs and Other Related Documents (Back to top)
• 04-3776 (Docket) (Jun. 14, 2004)
END OF DOCUMENT 162 Case # 19 HENDERSON vs. GENERAL ELECTRIC
United States District Court,
Lisa HENDERSON, Plaintiff,
GENERAL ELECTRIC CO., et al., Defendant.
Dec. 8, 2006.
Background: Former employee brought action under Title VII and § 1981 alleging that
her employer discriminated against her because of her gender and race. Employer moved
for summary judgment.
Holdings: The District Court, Squatrito, J., held that:
(1) other female employees' statements did not constitute nonhearsay, and
(2) decision to terminate female employee was not pretext for gender discrimination.
Motion to strike is appropriate if documents submitted in support of motion for summary
judgment contain inadmissible hearsay or conclusory statements, are incomplete, or have
not been properly authenticated.
One female employee's statement that she was discharged because she was woman and
another female employee's statement that their supervisor had "problem with women"
were not admissible in another female employee's employment discrimination suit as
nonhearsay statements of employer's agents, where statements were not made in
employees' official capacities, but rather were their opinions about circumstances
surrounding their own impending terminations. Fed.Rules Evid.Rule 801(d)(2)(D), 28
Female employee's warnings to another female employee "to beware because they were
getting rid of the woman in the company and [she] would be next" did not fall wit...
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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