McAllister v. Trendwest Resorts, Inc.

Full title: BRENDA McALLISTER, Plaintiff, v. TRENDWEST RESORTS, INC., Defendant

Court: United States District Court, D. Oregon

Date published: Nov 7, 2005

Civil No. 03-1662-JO (D. Or. Nov. 7, 2005)

Opinion

Civil No. 03-1662-JO.

November 7, 2005

Mark A. Turner, ATER WYNNE, LLP, Portland, OR, Attorney for Plaintiff.

William S. Waldo, PAUL HASTINGS JANOFSKY WALKER, LLP, Los Angeles, CA.

Leah C. Lively, PAUL HASTINGS JANOFSKY WALKER, LLP, San Diego, CA.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

ROBERT JONES, District Judge

Following a jury trial on plaintiff's federal retaliation claim and state common law wrongful constructive discharge claim, the jury rendered a defense verdict on November 3, 2005. Plaintiff also alleges a state law claim for retaliation under ORS 659.A.030, which the parties agree is tried to the court. Having considered all the evidence, including the exhibits and the testimony of witnesses, and having had a full opportunity to judge the credibility of the witnesses, I find and therefore conclude that plaintiff failed to sustain her burden of proving her state law claim by a preponderance of the evidence. Defendant is, therefore, entitled to judgment in its favor on the state law claim.

IT IS SO ORDERED.