Free Motion for Summary Judgment - District Court of Colorado - Colorado

Case 1:03-cv-02481-LTB-CBS

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Filed 09/30/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 1:03-cv-02481-LTB-CBS SUSAN VON FEIST, Plaintiff, v. CELESTICA CORPORATION, Defendant.

DEFENDANT CELESTICA CORPORATION'S MOTION FOR SUMMARY JUDGMENT ______________________________________________________________________________ Defendant Celestica Corporation ("Celestica"), pursuant to Fed. R. Civ. P. 56(c), respectfully submits its Motion for Summary Judgment (the "Motion"). In support of the Motion, Celestica states as follows: 1. By this Motion, Celestica requests summary judgment its favor on all claims

asserted against Celestica by its former employee, Plaintiff Susan Von Feist ("Plaintiff"). The facts underlying Plaintiff's claims against Celestica are set forth in Celestica's Memorandum of Law in Support of Motion for Summary Judgment (the "Memorandum of Law"), submitted simultaneously herewith. 2. In this litigation, Plaintiff has asserted claims against Celestica for: (1) violation

of the Americans with Disabilities Act; (2) wrongful discharge in violation of public policy, based upon Plaintiff's filing of a workers' compensation claim; (3) wrongful discharge in violation of public policy, based upon Plaintiff's filing of a complaint with OSHA. However, under the familiar standards governing summary judgment, which are set forth more fully in

Case 1:03-cv-02481-LTB-CBS

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Celestica's Memorandum of Law, Plaintiff cannot establish the existence of any genuine issue of material fact with respect to any of these three claims. 3. Accordingly, based on the analysis set forth in Celestica's Memorandum of Law,

Celestica is entitled to summary judgment in its favor on each of Plaintiff's claims. Respectfully submitted this 30th day of September, 2005. FAEGRE & BENSON LLP

s/ Elizabeth S. McKelvey Elizabeth S. McKelvey Charles W. Weese Elizabeth S. McKelvey 3200 Wells Fargo Center 1700 Lincoln Street Denver, Colorado 80203 Telephone: (303) 607-3500 Facsimile: (303) 607-3600 ATTORNEYS FOR DEFENDANT CELESTICA CORPORATION

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CERTIFICATE OF SERVICE I hereby certify that on September 30, 2005, I electronically transmitted the attached document to the Clerk of Court using the ECF System for filing. Based on the records currently on file, the Clerk of court will transmit a Notice of Electronic Filing to the following ECF registrants: N/A I hereby certify that on September 30, 2005, I served the attached document by U.S. Mail, postage prepaid on the following, who are not registered participants of the ECF System: Cecilia M. Serna, Esq. Law Office of Cecilia M. Serna, Esq. 600 17th Street, Suite 2800 South Denver, Colorado 80202-5428

s/ Elizabeth S. McKelvey
DNVR1:60318014.01