Luchansky v. All Seasons Services, Inc.

Full title: DEENEEN A. LUCHANSKY v. ALL SEASONS SERVICES, INC

Court: United States District Court, E.D. Pennsylvania

Date published: Mar 16, 2006

Civil Action No. 04-cv-04524-JF (E.D. Pa. Mar. 16, 2006)

Opinion

Civil Action No. 04-cv-04524-JF.

March 16, 2006

MEMORANDUM AND ORDER

JOHN FULLAM, Senior District Judge

In this employment discrimination case, defendant has filed what apparently is intended to constitute a motion for summary judgment (a "Notice of Motion," a "Statement of Undisputed Facts," and a "Brief"). Plaintiff has responded in opposition to the motion. Both the motion and response are supported by, among other things, numerous excerpts from depositions. In the course of these depositions, counsel for both sides seem to have adopted the unfortunate practice of interposing an "Objection as to Form" to virtually every question. Apart from that problem, most of the deposition transcripts are illegible, and so fragmentary as to shed little light on the issues in the case.

I have reviewed all of the materials presented, and think it probable that there are lingering disputes of material fact which preclude the grant of summary judgment. At the very least, it is clear that the record does not demonstrate an absence of legitimate disputed issues. The motion for summary judgment will therefore be denied.

An Order follows.

ORDER

AND NOW, this 16th day of March 2006, upon consideration of defendant's motion for summary judgment and plaintiff's response, IT IS ORDERED that the motion is DENIED.