GEE v. METALDYNE CORPORATION et al
||TIMOTHY D. GEE
||METALDYNE CORPORATION and METALDYNE NC-M CHASSIS SYSTEMS, LLC
||January 24, 2008
||US District Court for the Southern District of Indiana
||David Frank Hamilton
||William T. Lawrence
|Nature of Suit:
||Civil Rights: Jobs
|Cause of Action:
||42 U.S.C. § 1981 Job Discrimination (Race)
|Jury Demanded By:
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|November 14, 2008
ENTRY ON DEFENDANTS' MOTION FOR PARTIAL DISMISSAL OR PARTIAL SUMMARY JUDGMENT. Metaldyne's motion to dismiss Gee's Title VII failure to promote claims based on his August and November 2005 non-promotions is granted. Metaldyne's m otion for summary judgment on Gee's § 1981 failure to promote claims based on those same non-promotions is denied, without prejudice to renewal pending further discovery on whether the promotions Gee sought in August and November 2005 would have amounted to a "new and distinct relationship" for purposes of § 1981 and thus are subject to a two year statute of limitations. If plaintiff has not already served the needed discovery, he shall do so no later than 30 days from the issuance of this entry. Metaldyne's request for oral argument is denied (see entry). Signed by Judge David Frank Hamilton on 11/14/2008. (LBK)
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