United States District Court, W.D. North Carolina, Statesville Division
GLENDA W. WESTMORELAND, Plaintiff,
TWC ADMINISTRATION LLC, Defendant.
COGBURN JR UNITED STATES DISTRICT JUDGE
MATTER is before the court on defendant's Motion
for Summary Judgment. In this action, plaintiff contends that
she, in her 60s and having more than 30 years of relevant
service in the cable industry, was wrongfully terminated due
to her age and race and that her position was then filed by a
substantially younger individual.
parties have fully briefed the Motion for Summary Judgment,
which is now ripe for disposition. Rule 56(a), Federal Rules
of Civil Procedure, provides:
A party may move for summary judgment, identifying each claim
or defense - or the part of each claim or defense - on which
summary judgment is sought. The court shall grant summary
judgment if the movant shows that there is no genuine dispute
as to any material fact and the movant is entitled to
judgment as a matter of law. The court should state on the
record the reasons for granting or denying the motion.
Fed.R.Civ.P. 56(a). The rule goes on to provide procedures
for plaintiff to use in responding to a Motion for Summary
(1) Supporting Factual Positions. A party
asserting that a fact cannot be or is genuinely disputed must
support the assertion by:
(A) citing to particular parts of materials in the record,
including depositions, documents, electronically stored
information, affidavits or declarations, stipulations
(including those made for purposes of the motion only),
admissions, interrogatory answers, or other materials; or
(B) showing that the materials cited do not establish the
absence or presence of a genuine dispute, or that an adverse
party cannot produce admissible evidence to support the fact.
(2) Objection That a Fact Is Not Supported by
Admissible Evidence. A party may object that the
material cited to support or dispute a fact cannot be
presented in a form that would be admissible in evidence.
(3) Materials Not Cited. The court need
consider only the cited materials, but it may consider other
materials in the record.
(4) Affidavits or Declarations. An affidavit
or declaration used to support or oppose a motion must be
made on personal knowledge, set out facts that would be
admissible in evidence, and show that the affiant or
declarant is competent to testify on the matters stated.
motion for summary judgment, the moving party has the burden
of production to show that there are no genuine issues for
trial. Upon the moving party's meeting that burden, the
non-moving party has the burden of ...