072049P.pdf   09/02/2008  Gina Jenkins  v.  Gordon England
   U.S. Court of Appeals Case No:  07-2049
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Benton, Author, with Murphy and Bright, Circuit Judges]
   Civil case - employment discrimination. District court err in deeming
   plaintiff had admitted all facts stated in the Navy's motion for summary
   judgment as plaintiff's statement of facts complied with the court's local
   rules and did controvert the statement of facts contained in the Navy's
   motion; the court also erred in excluding an affidavit plaintiff submitted
   in support of her opposition to the motion; viewing plaintiff's evidence in
   the light most favorable to her position, she created a genuine issue of
   material fact as to when the Navy learned of the sexual harassment she
   was experiencing, and the district court erred in granting the Navy
   summary judgment on her claims of co-worker harassment; similarly,
   plaintiff created a genuine issue of material fact as to when the Navy had
   actual or constructive notice she was being harassed by her supervisor,
   and the court erred in granting summary judgment on her claim of
   supervisor harassment; court would not review the district court's ruling
   on plaintiff's retaliation claim because she failed to brief the issue and
   thereby waived it; plaintiff's notice of appeal did not cover the district
   court's ruling on defendant ETE's motion for summary judgment, and the
   court lacked jurisdiction to review the grant of ETE's motion.