Grant et al v. Marriott Ownership Resorts Inc.
| Andrew Grant, Sandra Denise Kelly and Robin Reisinger |
| Marriott Ownership Resorts Inc. and Doe Defendants 1-100 |
| 1:2016cv00451 |
| August 11, 2016 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Honolulu |
| LESLIE E. KOBAYASHI |
| RICHARD L. PUGLISI |
| Employment |
| 28 U.S.C. ยง 1441 |
| Plaintiff |
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Filing
189
ORDER Granting In Part and Denying In Part Defendant's Motions For Summary Judgment re 77 79 .On the basis of the foregoing, MORI's Motion for Summary Judgment as to All of Plaintiff Sandra Denise Kelly's Claims, filed April 20, 2018; MORI's Motion for Summary Judgment as to All of Plaintiff Robin Reisinger's Claims, also filed April 20, 2018; and MORI's Motion for Summary Judgment as to All of Plaintiff Andrew Grant's Claims, filed May 11, 2018 , are HEREBY GRANTED IN PART AND DENIED IN PART. The Kelly Motion is GRANTED as to: 1) the portions of Count I alleging Kelly's Title VII sex-based claims; 2) all of Kelly's claims in Count II; and 3) Kelly's HWPA claim in Count III. T he Kelly Motion is DENIED as to the portions of Count I alleging Kelly's Title VII race-based claims.The Reisinger Motion is GRANTED as to Reisinger's claims in Count II, and it is DENIED as to Reisinger's claims in Counts I and II I. The denial of the Reisinger Motion as to her hostile work environment claim in Count I is based on mootness because Reisinger voluntarily dismissed that claim. Thus, Reisinger's only Count I claim remaining for trial is her claim alleging rac ially discriminatory termination.The Grant Motion is GRANTED as to the portion of Count I alleging Grant's Title VII retaliation claim and Grant's HWPA claim in Count III. The Grant Motion is DENIED as to Grant's race-based claims in Count I and all of Grant's claims in Count II. This Court emphasizes that it does not construe Grant's claims in Count II as including a retaliation claim under Haw. Rev. Stat. § 378-2(a)(2).If any party files a motion for reconsideration of this Order, the motion for reconsideration will not affect the trial date or any deadline in this case, unless any party obtains a continuance from this Court. Signed by JUDGE LESLIE E. KOBAYASHI on 11/21/2018. (cib, )
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