United States District Court, N.D. Illinois
Annette M. McGarry, Marianne C. Holzhall, McGarry &
McGarry, LLC Attorneys for Chicago Park District
CHICAGO PARK DISTRICT'S MOTION FOR JUDGMENT AS A
MATTER OF LAW
L. Alonso Judge
Chicago Park District (“Park District”) moves for
entry of judgment as a matter of law in its favor on the
claims of Lydia Vega (“Vega”) for national-origin
discrimination and retaliation under both Title VII and 42
U.S.C. § 1981.
has presented no admissible evidence from which a reasonable
jury could find either that that the Park District
discriminated against her on the basis of her Hispanic
heritage, or that the Park District discharged her in
retaliation for her complaint of discrimination.
• Vega has presented no direct evidence that the Park
District discharged her because of her Hispanic ancestry.
• Vega has presented no evidence that she was treated
differently from similarly-situated Caucasian or
African-American park supervisors.
• Vega has presented no evidence that the Park
District's reason for terminating her - falsification of
her timesheets - was merely a pretext.
• Vega has presented no evidence that the Park District
has a practice of discriminating against Hispanics that is so
widespread and pervasive that it rises to the level of
• Vega has presented no evidence that she engaged in any
“protected activity” that might support a
retaliation claim, or that the persons who made the decision
to discharge her were aware of any protected activity before
the absence of any evidence from which a reasonable jury
could find discrimination or retaliation, this Court should
enter judgment as a matter of law in favor of the Park
District, pursuant to Federal Rule of Civil Procedure 50.
of the Federal Rules of Civil Procedure provides that a court
may enter judgment as a matter of law under the following
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