CIVIL ACTION NO: 05-0173.
August 28, 2006
SECTION: "S" (5) ORDER AND REASONS
IT IS HEREBY ORDERED that Defendant, Advance Auto Parts, Inc.'s Motion for Summary Judgment is DENIED. (Document #64).
Sarah Harris' cause of action for retaliatory discharge is properly before the court based on ancillary jurisdiction growing out of the administrative charges. Gupta v. East Texas State University, 654 F.2d 411 (5th Cir. 1981).
As to all other issues raised in Defendant's Motion for Summary Judgment, disputed issues of material fact make summary judgment inappropriate.
Plaintiff, Equal Employment Opportunity Commission's Motion for Partial Summary Judgment is DENIED. (Document #69). Disputed issues of material fact make summary judgment inappropriate.