1. Whether Diebold and the Seventh Amendment prohibit a circuit court reviewing a grant of summary judgment from sanctioning a non-movant under a local "deemed admitted" rule by completely abandoning de novo review and crediting only the movant's facts.

2. Whether the second circuit erroneously affirmed summary judgment in favor of movants-employers where the non-movant employee proved prima facie elements of discrimination and retaliation and provided unrefuted evidence of the employers' mendacity about the central issue in the case in their submissions to the EEOC and in federal court answers to Petitioner's complaint.

Whether Diebold and the Seventh Amendment prohibit a circuit court reviewing a grant of summary judgment from sanctioning a non-movant under a local 'deemed admitted' rule by completely abandoning de novo review and crediting only the movant's facts