Aaron v. Board of Regents of University System of Georgia

58 F. Supp. 3d 1368, 2014 U.S. Dist. LEXIS 138838, 2014 WL 4924452
District Court, M.D. Georgia·Decided September 30, 2014·No. Case No. 1:10-CV-139 (WLS)·Published·Cited by 1 cases

Opinion

ORDER

W. LOUIS SANDS, District Judge.

Presently before the Court is Defendant Board of Regents of the University System of Georgia’s Motion to Strike (Doc. 53) and Motion for Summary Judgment (Doc. 35.) For the following reasons, Defendant’s Motion to Strike is DENIED and Defendant’s Motion for Summary Judgment is GRANTED.

PROCEDURAL BACKGROUND

Plaintiff Marsha M. Aaron filed her initial complaint in the above-captioned matter on October 8, 2010, asserting claims under Title VII of the Civil Rights Act of 1964, as amended at 42 U.S.C. § 2000e et seq., (hereinafter “Title VII”) for retaliation, race discrimination, sex discrimination, and hostile work environment. (Doc. 1.) On December 17, 2011, the Court entered an Order dismissing Plaintiffs complaint for lack of jurisdiction since the claims asserted in its view, were identical to those alleged in Aaron v. Board of Regents of the University System of Georgia, et al., No. l:08-cv-067-WLS (M.D.Ga. Aug. 30, 2010) (hereinafter “Aaron /”), which was dismissed by the Court with prejudice pursuant to Fed.R.Civ.P. 41(a)(l)(A)(ii). (Doc. 2.) On March 1, 2011, Plaintiff moved the Court to reconsider her complaint, contending the claims raised in her present complaint were not excluded in the parties’ settlement agreement concluding Aaron I. (Doc. 6.) On April 27, 2011, the Court noted “it appears that Plaintiffs instant case is barred by the doctrine of res judicata” but in an abundance of caution, viewing the evidence in the light most favorable to the Plaintiff, it would reconsider her claims and allow Plaintiff to amend her complaint. (Doc. 7.) The Court also noted that granting reconsideration of Plaintiffs amended complaint “is in no way indicative of any future findings, and shall carry no precedential value.” (Doc. 7, at 4.)

On March 29, 2012, Plaintiff filed her amended complaint in the above-captioned matter again asserting the same claims under Title VTI against Defendant as principal for Albany State University (“ASU”): retaliation, race discrimination, sex discrimination, and hostile work environment. (Doe. 12.) On December 10, 2012, Defendant answered Plaintiffs complaint. (Doc. 18.) On December 20, 2012, Defendant brought the present Motion for Summary Judgment as to Plaintiffs complaint. (Doc. 35.) According to Defendant, Plaintiffs discrimination claim fails for the following reasons: (1) Plaintiffs claims are time-barred; (2) Plaintiff fails to establish a prima facie case for retaliation, race discrimination, sex discrimination, and hostile work environment; and (3) Plaintiffs hostile work environment claim is barred by collateral estoppel. (Doc. 35-1, at 5.)

On January 2, 2014, in accordance with the Court’s procedures governing notice to pro se plaintiffs, the Court issued an order directing Plaintiff to file a response by January 23, 2014, in opposition to Defendant’s Motion. (Doc. 37.) Plaintiff was noticed, pursuant to the procedures and policies of the Court, that motions [1373] were normally decided on briefs. (Id. 37, at 1.) Additionally, Plaintiff was notified of the requirement to respond in opposition to Defendant’s Motion with “affidavits, depositions, documents” and rely with specificity upon evidence that is part of the Record. (Id., at 2.) Plaintiff was also reminded, “[i] f a party fails or refuses to file any materials in opposition to a motion for summary judgment, a FINAL judgment may be rendered against that party if otherwise appropriate under the law. In that event, there would be no trial or any further proceedings.” (Id.) (emphasis added.) Plaintiffs first response was not filed until January 23, 2014, five days past the Court’s established deadline. (Doc. 38.) On February 10, 2014, Plaintiff then requested leave to file a later response to the Defendant’s Motion for Summary Judgment. (Doc. 42.) On February 12, 2014, as a result of Plaintiff receiving an unauthorized extension, Plaintiff was allowed to file a response no later than February 17, 2014. (Doc. 43.) The Court also made abundantly clear “no further extensions will be granted except to prevent manifest injustice, and, in that regard, only upon timely written motion to the Court.” (Id., at 2.) On Friday 18, 2014, a day later than ordered, the Court received Plaintiffs response. On March 3, 2014, along with filing its Reply, (Doc. 52.), Defendant also filed a Motion to Strike Plaintiffs Response. (Doc. 53.) Plaintiff replied to Defendant’s Motion to Strike on March 13,2014. (Doc.. 55.)

DISCUSSION

I. Defendant’s Motion to Strike

As a preliminary matter, Defendant moved to strike Plaintiffs Response in Opposition to Defendant’s Motion for Summary Judgment (Doc. 45.) Defendant moves to strike Plaintiffs Response since it was filed on February 18, 2014, a day later than ordered by the Court. Plaintiff, in her response to Defendant’s Motion to Strike, suggests her failure to timely file was due to technical difficulties. (Doc. 55.) Per Plaintiff, technical difficulties with filing her response remained unresolved on February 17, 2014 since it was a federal holiday and there was no assistance available from the Court as a result of the Clerk’s Office closure. (Doc. 55.)

Plaintiffs continual failure to abide by the Court’s ordered deadlines is troubling.1 Parties are responsible for following the Court’s orders, or alternatively, making the Court aware of its inability to meet the requisite deadline. Nevertheless, the Court is given broad discretion in deciding how to best manage cases before it. Chu-dasama v. Mazda Motor Corp., 123 F.3d 1353, 1366 (11th Cir.1997). In interest of best evaluating Defendant’s Motion for Summary Judgment on the merits, and as result of Plaintiffs plausible yet questionable explanation for filing her response a day late and following an official holiday, the Court will consider Plaintiffs Response. Accordingly, Defendant’s Motion to Strike is DENIED. (Doc. 53.)

II. Defendant’s Summary Judgment ' Motion

A. Summary Judgment Standard

a. Federal Rule of Civil Procedure 56

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Aaron v. Board of Regents of University System of Georgia, 58 F. Supp. 3d 1368, 2014 U.S. Dist. LEXIS 138838, 2014 WL 4924452 (M.D. Ga. 2014).

58 F. Supp. 3d 1368 (Aaron v. Board of Regents of University System of Georgia) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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