Court Case Regulation Summary

1615 Words4 Pages
Defendant, Brad Hamilton (“Mr. Hamilton”), pursuant to Rule 56(a) of the Fed. R. Civ. P., and Rule 7.1 of the U.S. District Court for the Southern District of Florida, respectfully moves for the entry of final summary judgment as to all claims pled by Plaintiff, Hannah Carson (“Ms. Carson”). In support of its Motion, Mr. Hamilton submits the following Memorandum of Law.
SUMMARY JUDGMENT STANDARD Pursuant to the Federal Rules of Civil Procedure “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.” Fed. R. Civ. P. 56(a). In a motion for summary judgment “[t]he moving party bears the initial burden of showing there is no
…show more content…
R. Civ. P. 56(c)(1)(A). Once the moving party has met its burden, the burden shifts to the non-moving party to “designate specific facts showing that there is a genuine issue for trial.” H&R Block E. Enterprises, Inc., 606 F.3d at 1290 (quoting Celotex Corp., 447 U.S. at 324). Summary judgment could only be precluded if there are disputes over facts that might affect the outcome of the case. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248…show more content…
§ 2000e-2 unlawful employment practices. Ms. Carson alleges that Mr. Hamilton administers an exam that has an adverse impact on women. Ms. Carson filed a charge with the Equal Employment Opportunity Commission (“EEOC”). The EEOC sent Mr. Hamilton a letter indicating that Ms. Carson filed a charge against him and that the charge was filed on October 12, 2015. Mr. Hamilton should be granted summary judgment as a matter of law because Ms. Carson has not met the time requirement for filing a complaint with the EEOC as required by law. For a plaintiff to establish a successful action, section 706 of Title VII requires that a plaintiff “exhaust certain administrative remedies before filing a suit for employment discrimination.” EEOC v. Joe’s Stone Crabs, Inc., 296 F3d 1265, 1271 (11th Cir. 2002) (citation omitted). To initiate the administrative process a plaintiff is required to file a timely charge with the EEOC. Id. at
Open Document