Opinion
Civil Action 22-3849
08-21-2024
JOSE AYALA, SR., Plaintiff, v. TASTY BAKING COMPANY, and LOCAL 6 BAKERY CONFECTIONERY AND TOBACCO WORKERS INTERNATIONAL, Defendants.
ORDER
WENDY BEETLESTONE, J.
AND NOW, this 21st day of August, 2024, upon consideration of Defendants' Motion to Exclude the Testimony of Dr. Noa Glick (ECF No. 61); Defendants' Motion for Summary Judgment (ECF No. 62), as well as Plaintiff's responses thereto (ECF Nos. 72, 73); and, Defendants' Motion to Strike Plaintiff's Opposition to Summary Judgment, as well as all responses and replies thereto (ECF Nos. 78, 79, 80), it is HEREBY ORDERED that:
1. Defendants' Motion to Exclude the Testimony of Dr. Noa Glick (ECF No. 61) is GRANTED.
2. Defendants' Motion to Strike Plaintiff's Opposition to Summary Judgment is GRANTED.
3. Defendants' Motion for Summary Judgment is GRANTED IN PART AND DENIED IN PART as follows:
a. Count I: DENIED as to Plaintiff's Section 1981 claim for hostile work environment related to race, and GRANTED in all other respects;
b. Count II: DENIED as to Plaintiff's Title VII claim for hostile work environment related to race, and GRANTED in all other respects;
c. Count III (Title VII retaliation) - GRANTED;
d. Count IV (ADA disability discrimination and failure to accommodate) -GRANTED;
e. Count V (ADA retaliation) - GRANTED;
f. Count VI (FMLA interference and retaliation) - GRANTED;