Defendants' objections to Plaintiff's evidence are overruled as to Nos. 1-8, sustained as to Nos. 9-11, and overruled as to No. 12. The Court finds that Defendant has provided evidence of legitimate, non-discriminatory reasons for its employment action (UMF Nos. 15-16, 20-21, 23-26, 31-34, 37-38, 39-45, and 47-49) and Plaintiff has failed to present sufficient substantial evidence to support a finding of pretext. The Motion is therefore granted as to the First and Second Causes of Action for Age Discrimination. The Court further finds that there is a triable issue as to whether Defendant Karen Ely made the alleged defamatory statement (Plaintiff's UMF No. 123) and the Court finds that that common interest privilege does not apply. The Motion is denied as to the Third Cause of Action for Defamation. Finally, as to the Fifth Cause of Action for Retaliation, the Court finds that the undisputed evidence does not support a finding of a triable issue of fact as to whether there was an advers
Hearing Date
July 22, 2020
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Defendants' objections to Plaintiff's evidence are overruled as to Nos. 1-8, sustained as to Nos. 9-11, and overruled as to No. 12. The Court finds that Defendant has provided evidence of legitimate, non-discriminatory reasons for its employment action (UMF Nos. 15-16, 20-21, 23-26, 31-34, 37-38, 39-45, and 47-49) and Plaintiff has failed to present sufficient substantial evidence to support a finding of pretext. The Motion is therefore granted as to the First and Second Causes of Action for Age Discrimination. The Court further finds that there is a triable issue as to whether Defendant Karen Ely made the alleged defamatory statement (Plaintiff's UMF No. 123) and the Court finds that that common interest privilege does not apply. The Motion is denied as to the Third Cause of Action for Defamation. Finally, as to the Fifth Cause of Action for Retaliation, the Court finds that the undisputed evidence does not support a finding of a triable issue of fact as to whether there was an advers