employee, testified that Miller would regularly insult her and her daughter’s intelligence, “cuss” at them, “yell[ ] and scream[],” and otherwise belittle them. (See Doc. No. 63, Tierney Dep. at 47-48; 76.) As such, Plaintiff has failed to prove that Miller’s facially race-neutral insults such as “motherfucker” and “bastard” were racially motivated, and thus these incidents fail the second prong of the test and are not actionable. However, Carter has identified a number of explicitly racial comments made by Miller that include his comments to Wingate and Meeks, his remarks about traditional African-American hairstyles, and his use of the phrase “black Fresh Prince[s] of Bel-Air.” Defendants cite Rose v. Son’s Quality Food Co. V44, 2005 WL 1861728, at *3, *11 (W.D.N.C. July 26, 2005) (<HOLDING>). As such, the Court holds that the addition of
holding that district court should not have granted summary judgment solely on basis that a motion for summary judgment was not opposed holding that unsworn statements may not be considered on a motion for summary judgment holding that the use of the phrase kicking plaintiffs black ass constituted racebased harassment that should be considered on summary judgment holding that district court should not have granted summary judgment solely on basis that motion for summary judgment was not opposed holding that the issue of defendants actual knowledge should not be resolved on summary judgment but should be left to the trier of fact