Opinion
Civil Action No. 10-10705-NMG
12-07-2011
JEREMY M. WEISS, Plaintiff. v. DHL EXPRESS, INC., Defendant.
REPORT AND RECOMMENDATION ON
DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
SOROKIN, M.J.
Currently pending is the Motion for Summary Judgment of Defendant DHL Express, Inc. (Docket # 13).
For the following reasons, I RECOMMEND that the Court ALLOW DHL's Motion for Summary Judgment (Docket # 13) with respect to the statutory claim advanced in Count 1, and DENY the motion with respect to the contract claims advanced in Counts II through IV because each of those counts presents a genuine dispute of material fact for resolution by a jury. I. FACTUAL AND PROCEDURAL BACKGROUND
Weiss has brought four claims against DHL, relating to his September 2, 2009, termination (ostensibly resulting from his failure to discover the misconduct of employees under his supervision and to properly investigate, document and ameliorate such misconduct). Docket # 1