HOYLE v. FREIGHTLINER, LLC

No. 09-2024.

650 F.3d 321 (2011)

Kimberly HOYLE, Plaintiff-Appellant, and A. Burton Shuford, Plaintiff, v. FREIGHTLINER, LLC, Defendant-Appellee. The Equal Employment Opportunity Commission, Amicus Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 1, 2011.


Attorney(s) appearing for the Case

ARGUED: Geraldine Sumter , Ferguson, Stein, Chambers, Gresham & Sumter, PA, Charlotte, North Carolina, for Appellant. Eric A. Harrington , U.S. Equal Employment Opportunity Commission, Washington, D.C., for Amicus Supporting Appellant. Keith Michael Weddington , Parker, Poe, Adams & Bernstein, LLP, Charlotte, North Carolina, for Appellee. ON BRIEF: James L. Lee , Deputy General Counsel, Vincent J. Blackwood , Acting Associate General Counsel, Carolyn L. Wheeler , Assistant General Counsel, Jennifer S. Goldstein , U.S. Equal Employment Opportunity Commission, Washington, D.C., for Amicus Supporting Appellant.

Affirmed in part, reversed in part, and remanded by published opinion. Judge DAVIS wrote the opinion, in which Judge DUNCAN and Judge WYNN concurred.


OPINION

DAVIS, Circuit Judge:

Appellant Kimberly Hoyle presents for our review two orders of the district court: (1) its grant of Appellee Freightliner, L.L.C.'s motion to strike from her opposition to Freightliner's motion for summary judgment the declaration of a belatedly-disclosed witness, and (2) its grant of summary judgment in favor of Freightliner on Hoyle's claims of hostile work environment sex discrimination...

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