Montes v. Phelps Dodge Industries, Inc.

ORDER

CARDONE, District Judge.

On this day, the Court considered Defendant’s Motion for Summary Judgment (“Motion”). For the reasons set forth herein, Defendant’s Motion is DENIED in part and GRANTED in part.

I. BACKGROUND

The following background is derived from the parties’ Proposed Undisputed Facts and Response to Proposed Undisputed Facts. 1

Defendants Phelps Dodge Industries, Inc. and Phelps Dodge Corporation (collectively, “Defendants”) employed Gilbert Montes (“Plaintiff’) for approximately twenty-nine (29) years, from some time in 1974 until March 21, 2003. App. to Defs.’ Mot. for Summ. J.…