Tchir

MEMORANDUM **

Dennis Tchir, a former truck driver for Unified Western Grocers, Inc., brought an action against Unified claiming that it had discriminated against him in violation of Or.Rev.Stat. § 659A.109 when he was terminated seven weeks after he filed a workers’ compensation claim. 1 The district court granted summary judgment for Unified, concluding that Tchir failed to establish a genuine issue of material fact that Unified’s stated reason for terminating Tchir was merely pretextual. Tchir appeals; we affirm.

To defeat summary judgment Tchir must show that there is a genuine dispute about a material fact. Fed. R. Civ. Pro. 56(e). To be genuine there must be sufficient evidence favoring the nonmoving party for a reasonable jury to return a verdict for that party. See Anderson v. Liberty Lobby, Inc. 477 U.S. 242, 248-49 , 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986). “If the evidence is merely colorable, or is not significantly probative, summary judgment may be granted.” Id. at 250 , 106 S.Ct. 2505 (citations omitted).

Tchir has failed to carry his burden of producing sufficient evidence to establish a genuine dispute about a material fact such that a reasonable jury could find…

I respectfully dissent. It is self evident from the memorandum disposition that the majority is weighing the evidence, a task ordinarily left to the trier of fact. The inferences to be drawn from such evidence as the e-mail to the supervisor, the advance preparation of the discharge paperwork, and the not-so-casual mention of the plaintiffs choice of a plaintiffs doctor should be grist for the fact finding mill.