With no explanation, chose the best option from "A", "B", "C" or "D". 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

A: holding that district court should not have granted summary judgment solely on basis that a motion for summary judgment was not opposed
B: holding that unsworn statements may not be considered on a motion for summary judgment
C: holding that district court should not have granted summary judgment solely on basis that motion for summary judgment was not opposed
D: holding that the use of the phrase kicking plaintiffs black ass constituted racebased harassment that should be considered on summary judgment
D.