District Court, S.D. Texas September 13, 2012, Civ. No. 4:11-cv-02336 (Garcia ex rel. Estate of Ochoa v. Ross Stores, Inc.)

MEMORANDUM AND ORDER

KEITH P. ELLISON, District Judge.

Before the Court is Defendant’s Motion for Summary Judgment and Brief in Support (“Motion”). (Doc. No. 12.) After considering the Motion, all responses and replies thereto, and the applicable law, the Court concludes that the Motion should be GRANTED.

I. BACKGROUND

Marta Garcia, as representative of the estate of Juana Ochoa (“Ms.