13 WTHR IndianapolisJudge tosses suit against Herb and Bui Simon

Judge tosses suit against Herb and Bui Simon

LOS ANGELES - Pacers owner Herb Simon and his wife Bui have been cleared in an employment discrimination case.

The couple's former nanny, Claudia Leite Muehler, and driver Robert G. Young brought the accusations. Superior Court Judge Amy D. Hogue ruled that the evidence presented by the plaintiffs failed to support the discrimination and wage and hours claims filed 18 months ago.

The 61-page tentative decision was issued late Tuesday.

The judge said Muehler's testimoney was "not credible" and her contention that Mrs. Simon fired her because she was pregnant "does not comport with the evidence or with common sense."

"Aside from Leite's speculation, there is no evidence that Mrs. Simon was motivated by anything other than kindness and concern for Leite's condition," Judge Hogue stated in her ruling.

On the claims of former driver Robert G. Young, Judge Hogue ruled that his testimony was also "not credible" and that his calculations of wages he claimed were owed contained "so many mistakes and inconsistencies that the court could not accept the calculations."

The judge permitted the parties 25 days to file objections or comments on the content of her ruling.