Opinion
CIVIL ACTION NO. 08-5540.
March 14, 2011
ORDER
AND NOW, this 14th day of March, 2011, having considered the parties' respective letter briefs addressing the propriety of a mixed-motive jury instruction on a Title VII retaliation claim (Doc. Nos. 43, 44), as well as Plaintiff's response letter (Doc. No. 46), is it hereby ORDERED that Plaintiff's motion for a mixed-motive jury instruction on Plaintiff's Title VII retaliation claim is DENIED.
As discussed in more detail in the attached Memorandum, Plaintiff requested at oral argument that the Court rule, prior to the presentation of evidence at trial, on whether a mixed-motive instruction on Plaintiff's Title VII retaliation claim may be appropriate if warranted by the evidence. Defendant did not object to Plaintiff's request for a ruling on this issue prior to trial. The Court construes this request as Plaintiff's motion to include the aforementioned instruction in the charge to the jury at trial.
Plaintiff SHALL notify the Court and opposing counsel by March 21, 2011 as to his position regarding his withdrawn discrimination claims.