UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
July 19, 2010
RACHELLE OVERBY, PLAINTIFF,
ROBERT GATES, SECRETARY, DEPARTMENT OF DEFENSE, DEFENDANT.
The opinion of the court was delivered by: Reggie B. Walton United States District Judge
The parties appeared before the Court on July 15, 2010, for a hearing on the defendant's motion for summary judgment, which the plaintiff opposed.*fn1 Upon consideration of the parties' oral representations and their written filings, and for the reasons expressed orally by the Court from the bench at the conclusion of the motion hearing, it is hereby
ORDERED that Defendant's Motion for Summary Judgment is DENIED, given that material questions of fact exist as to whether the plaintiff's assigned responsibilities were essential functions of her job and whether the plaintiff was provided with reasonable accommodations throughout her employment. It is further
ORDERED that given the plaintiff's oral representation that she is voluntarily dismissing her race-based theory of discrimination, any claim based on the theory of racial discrimination is hereby DISMISSED.*fn2 It is further
ORDERED that the parties shall appear before this Court for a pretrial conference*fn3 in the Court's chambers on the sixth floor of the William B. Bryant Annex to the E. Barrett Prettyman United States Courthouse, 333 Constitution Avenue, N.W., Washington, D.C. 20001.
SO ORDERED this 19th day of July, 2010.