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Watson v. ABT Electronics

February 22, 2007

JILLIAN WATSON, PLAINTIFF,
v.
ABT ELECTRONICS, INC., DEFENDANT.



The opinion of the court was delivered by: Judge Holderman

Magistrate Judge Nolan

ABT ELECTRONICS, INC.'S RULE 50(A) MOTION FOR JUDGMENT AS A MATTER OF LAW

Defendant, Abt Electronics, Inc. ("Abt"), respectfully requests that this Court enter judgment as a matter of law in its favor because Plaintiff has failed to present legally sufficient evidence that Abt retaliated against Plaintiff, and, accordingly, no reasonable jury could find in Plaintiff's favor and against Abt. In support of this Motion, Abt states as follows:

1. Fed. R. Civ. P. 50(a) provides, as follows:

(a) Judgment as a Matter of Law

(1) If during a trial by jury a party has been fully heard on an issue and there is no legally sufficient evidentiary basis for a reasonable jury to find for that party on that issue, the court may determine the issue against that party and may grant a motion for judgment as a matter of law against that party with respect to a claim or defense that cannot under the controlling law be maintained or defeated without a favorable finding on that issue.

(2) Motions for judgment as a matter of law may be made at any time before submission of the case to the jury. Such a motion shall specify the judgment sought and the law and the facts on which the moving party is entitled to the judgment.

2. Plaintiff claims that her employment was terminated in retaliation for telling one of her supervisors, Gregory Meinholz, to stop sexually harassing her. Plaintiff's claims are legally insufficient for the following reasons.

Title VII prohibits an employer from retaliating against an employee because that employee has opposed any practice made unlawful by Title VII. 42 U.S.C. §2000e-3(a).

As this Court will instruct the jury, Plaintiff must prove by a preponderance of the evidence the following:

- Plaintiff had a reasonable, good faith belief that Greg Meinholz was sexually harassing her;

- Plaintiff asked him to stop; and - Abt would not have terminated Plaintiff when it did if she had not told Mr. Meinholz to stop, but everything else remained the same.

Plaintiff has not proven be a preponderance of the evidence any of these elements.

A.Plaintiff Did Not Have A Reasonable, Good Faith Belief That She Was ...


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