Opinion
Case Number 19-11567
01-05-2021
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT
This matter is before the Court on the defendant's motion for summary judgment as to all counts in the plaintiff's complaint. In his response, the plaintiff withdrew certain claims voluntarily. The Court has reviewed the submission of the parties and held oral argument on the remaining claims on January 5, 2021. At the conclusion of the hearing, the Court announced from the bench its decision to grant in part and deny in part the defendants' motion for summary judgment.
Accordingly, for the reasons stated on the record, it is ORDERED that the defendants' motion for summary judgment (ECF No. 32) is GRANTED IN PART AND DENIED IN PART.
It is further ORDERED that Counts 1, 2, 3, and 5 of the complaint are DISMISSED WITH PREJUDICE.
It is further ORDERED that the claims in Count 4 of the complaint alleging weight discrimination, hostile work environment, and retaliation under federal and state law, and failure to promote under the Age Discrimination in Employment Act, only, are DISMISSED WITH PREJUDICE.
It is further ORDERED that the defendants' motion is DENIED in all other respects.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge Dated: January 5, 2021