On August 21, 2014 a
Order
was filed
involving a dispute between
Sylvia, Lori,
and
Sylvia, Paul,
Town Of Acushnet Ma Treasurer,
for Contract / Business Cases
in the District Court of Bristol County.
Preview
4
AF |2.
COMMONWEALTH OF MASSACHUSETTS
OR COURT SUPERIOR COURT
C.A. No. 1473CV00880A
BRISTOL, ss easton 8°
rdsasn SYS
DEFENDANT’S MOTION FOR
SUMMARY JUDGMENT
LORI SYLVIA. .
Plaintiff
Vv.
TOWN OF ACUSHNET
Defendant
Now come the defendant, Town of Acushnet, pursuant to Mass. R. Civ. P. 56, and
respectfully requests that this Honorable Court enter summary judgment dismissing Count Tof
the plaintiff's amended complaint.
As grounds therefor, defendant Town of Acushnet contends that summary judgment is
warranted because the plaintiff has failed to adduce sufficient evidence to establish several
essential elements of her claim under G.L. c. 149, §185, the Massachusetts Whistleblower Act.
Specifically, the plaintiff has not established and will be unable to provide any documentation or
evidence, cither in response to this motion or at trial, to establish: (1) that she complied with the
notice requirements contained in G.L. ¢. 149, § 185(c)(1) with respect to providing written notice
to the Town of the alleged retaliatory conduct: (2) that she engaged in a protected activity under
GL. c. 149, §185; (3) that there is a causal connection between her alleged protected activity and
her termination: and (4) that the defendant's legitimate, non-retaliatory reason for the adverse
employment action is pretextual.
The grounds for this motion are more fully set forth in the enclosed supporting
memorandum of Jaw. which is incorporated by reference.
a\\e- A dion Ga gocad. ss Ygrssocerd soon XX Wseksn and Schy. Saad S\cel\s.
Document Filed Date
April 12, 2016
Case Filing Date
August 21, 2014
Category
Contract / Business Cases
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4 AF |2. COMMONWEALTH OF MASSACHUSETTS OR COURT SUPERIOR COURT C.A. No. 1473CV00880A BRISTOL, ss easton 8° rdsasn SYS DEFENDANT’S MOTION FOR SUMMARY JUDGMENT LORI SYLVIA. . Plaintiff Vv. TOWN OF ACUSHNET Defendant Now come the defendant, Town of Acushnet, pursuant to Mass. R. Civ. P. 56, and respectfully requests that this Honorable Court enter summary judgment dismissing Count Tof the plaintiff's amended complaint. As grounds therefor, defendant Town of Acushnet contends that summary judgment is warranted because the plaintiff has failed to adduce sufficient evidence to establish several essential elements of her claim under G.L. c. 149, §185, the Massachusetts Whistleblower Act. Specifically, the plaintiff has not established and will be unable to provide any documentation or evidence, cither in response to this motion or at trial, to establish: (1) that she complied with the notice requirements contained in G.L. ¢. 149, § 185(c)(1) with respect to providing written notice to the Town of the alleged retaliatory conduct: (2) that she engaged in a protected activity under GL. c. 149, §185; (3) that there is a causal connection between her alleged protected activity and her termination: and (4) that the defendant's legitimate, non-retaliatory reason for the adverse employment action is pretextual. The grounds for this motion are more fully set forth in the enclosed supporting memorandum of Jaw. which is incorporated by reference. a\\e- A dion Ga gocad. ss Ygrssocerd soon XX Wseksn and Schy. Saad S\cel\s.