Kinley v. Norfolk Southern Railway Co.

OPINION AND ORDER

BERTELSMAN, District Judge.

This matter is before the court on the motion of Defendants for summary judgment; the motion of Plaintiff for summary judgment based upon alleged discovery abuses; Plaintiffs objections to the Magistrate’s Report and Recommendation; Plaintiffs motion to strike the affidavit of Gerhard A. Thelan; and Defendants’ motion for a short extension of time. Oral argument on said motions was held August 29, 2002.

STATEMENT OF FACTS 1

Plaintiff Isaac Kinley (“Plaintiff’ or “Kinley”) brings this action for race discrimination and retaliation against his employer,…