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Hill Top and Armitage assert Hysjulien changed her recitation of the facts to avoid summary judgment and the facts contradict her sworn statements to the Department.[¶23] A "sham affidavit" is defined as "[a]n affidavit that contradicts clear testimony given by the same witness, [usually] used in an attempt to create anissue of fact in response to a motion for summary judgment." 67 (9th ed. Courts have held that when a party attempts to create a fact issue by filing an affidavit contradicting earlier testimony to avoid summary judgment, the party raises a "sham issue of fact instead of a genuine one." "District courts, however, must use extreme care in examining such issues and only grant summary judgment where 'the conflicts between the deposition and affidavit raise only sham issues.' Accordingly, when the affiant states in his affidavit that he was confused in his deposition or where the affiant needs to explain portions of his deposition testimony that were unclear, the district court should not strike the affidavit from the record.

They contend Hysjulien's subsequent assertions she did not receive "unequivocal notice" of her termination until September 8, 2008, merely were attempts to avoid dismissal by submitting a "sham" affidavit to defeat summary judgment.

Hill Top and Armitage jointly answered Hysjulien's complaint, denying liability. It does not matter, for purposes of the statute, that some of the component acts of the hostile work environment fall outside the statutory time period. 2002).[¶18] For purposes of filing a Title VII claim, a discrete retaliatory or discriminatory act occurs on the date it happens, but "[a] hostile work environment claim is composed of a series of separate acts that collectively constitute one 'unlawful employment practice.'" , 536 U. B[¶19] Hysjulien argues the district court erred in granting summary judgment because genuine issues of material fact exist about whether she received notice of her termination from Hill Top on September 2, 2008—303 days before July 2, 2009—or on September 8, 2008—297 days before July 2, 2009.Whether traveling for business or for pleasure you are sure to enjoy the flat panel TV ...Gary Greff's towering, fanciful metal sculptures appear every few miles along one empty road in the middle of nowhere -- soon to become somewhere if enough people come to look.~64 miles from Killdeer.Once finished, the treatment plant will add six million gallons of water per day (MGD) to the existing water treatment capacity to provide a total of 18 MGD.See pictures under News & Information Since most of the current construction for the new treatment plant is underground, if you drive by the Finished Water Pump Station on Broadway Street in Dickinson, you will only see mounds of dirt.

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