Barthelmes v. Martineau

11 Mass. L. Rptr. 617
CourtMassachusetts Superior Court
DecidedMay 22, 2000
DocketNo. CA982378A
StatusPublished

This text of 11 Mass. L. Rptr. 617 (Barthelmes v. Martineau) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Barthelmes v. Martineau, 11 Mass. L. Rptr. 617 (Mass. Ct. App. 2000).

Opinion

Fecteau, J.

Kimberly Bartheimes and Karin Lamagdaliene (collectively the “plaintiffs”) brought this action against their former co-worker, Paula Mar-tineau and former employer, Olympus Health Care Group, Inc. after being discharged for allegedly failing to comply with Olympus’ anti-harassment policy. In substance, the plaintiffs allege that Martineau made false statements about them to her supervisors that caused the termination of their employment and defamed them. The plaintiffs’ amended complaint seeks relief on the grounds of intentional infliction of emotional distress, defamation, negligent failure to investigate, and defamation — respondeat superior.3 The defendants now move for summary judgment pursuant to Mass.R.Civ.P. 56(c).

Also pending before the court is the plaintiffs’ Motion to Extend the Tracking Order pursuant to Super. Ct. Standing Order 1-88(D).4 Because both motions are based upon the same factual underpinnings, in the interests of judicial economy this court considers them together.

For the reasons set forth below, the plaintiffs’ motion is DENIED and the defendants’ motion is ALLOWED.

BACKGROUND

The undisputed material facts, as established by the summary judgment record, are set forth below.

In April 1996, Olympus hired Kimberly Bartheimes (Bartheimes) and Karin Lamagdaliene (Lamagdaliene); both were employees-at-will and both received training regarding, and a copy of, Olympus’ anti-harassment and anti-discrimination policy. As acknowledged by both the plaintiffs, Olympus’ policy required all employees who believed that they were either a victim of, or a witness to, sexual harassment to report such alleged indiscretions to a supervisor.5 At some point the plaintiffs began working with the defendant Paula Martineau (Martineau) at Olympus’ Clark Manor facility.

In March 1997, Bartheimes became Clinical Supervisor of Lamagdaliene and Holly Anne Peck (Peck), an occupational therapist and Team Leader of the Clark Manor facility. Linda Rahm (Rahm), Regional Director for Olympus, was Bartheimes’ immediate supervisor, and had ultimate responsibility for employee issues involving the plaintiffs and the defendant, Martineau.

On August 10, 1998, Peck telephoned Linda Rahm. Peck indicated that she had received a phone call from Martineau who reported that she overheard, and was upset by, a conversation between the plaintiffs and Peck discussing Martineau’s sexual orientation.6 Peck also indicated that Martineau planned on registering a complaint about the matter with Rahm. In response, Rahm immediately contacted Bartheimes to verify Martineau’s concerns. Bartheimes admitted discussing Martineau’s sexuality, but reported that her inquiry was motivated by interest and curiosity rather than malevolence.7

On August 11, 1998, Martineau telephoned Rahm to further discuss her concerns regarding the plaintiffs’ conversation about her sexuality. Three days later, on August 14, 1998, Rahm met with Mar-tineau who complained about additional comments and alleged gossip by both the plaintiffs regarding homosexuality. Martineau reported that she felt unsafe, unprotected, and uncomfortable in the workplace, and that she thought that Bartheimes was “prejudiced and mean.”8

[618]*618Rahm suspended both plaintiffs pending the outcome of an investigation.

As part of her investigation, Rahm also interviewed Lamagdaliene, who also admitted discussing Martineau’s sexual orientation, and other Olympus employees.9 On August 18, 1998, eight days after first learning of Martineau’s complaint, after reviewing her investigation with the Vice President of Human Resources for Olympus and legal counsel, Rahm terminated both plaintiffs for allegedly violating Olympus’ anti-harassment policy.10

This action followed.

Because the procedural posture of this case impacts the decision reached here, this court deems it prudent to set forth the relevant chronological events occurring subsequent to the filing of the complaint.

October 22, 1998 the plaintiffs filed a four-count complaint against Martineau and Olympus seeking relief for violations of the Massachusetts Constitution (Count I), intentional or negligent infliction of emotional distress (Count II), defamation (Count III) and wrongful termination (Count IV)

April 27, 1999 the court allowed the defendant’s motion to dismiss Counts I, IV and n as to Olympus

August 18, 1999 the tracking order discovery deadline; all discovery to be completed by this time.

September 22, 1999 the court allowed, without opposition, the defendants’ motion to extend time to file motion for summary judgment

October 7, 1999 the plaintiffs filed a motion to amend their complaint to add Counts V and VI respectively alleging negligent supervision and defamation respondeat superior against Olympus, and on October 12, 1999, the court allowed, without opposition, the plaintiffs motion

November 3, 1999 the plaintiffs file three discovery requests upon the defendants; these are the plaintiffs’ first attempt at discovery: the first request sought documents from Olympus. The remaining two requests sought documents and answers to interrogatories from Martineau. The defendants have refused to respond.

November 16, 1999 the defendants filed the instant motion for summary judgment

November 30, 1999 three months after the expiration of the tracking order discovery deadline, the plaintiffs file a motion to extend the discovery deadline. No opposition having been filed, on December 3, 1999 this court converted the plaintiffs’ motion into a motion for additional time to conduct discovery pursuant to Mass.R.Civ.P. 56(f).

With the procedural history recorded, this court now addresses the plaintiffs’ (converted) Rule 56(f) motion. Briefly, the plaintiffs move for an order continuing consideration of the defendants’ motion for summary judgment until completion of discovery relating to their claims that Olympus negligently investigated Martineau’s claims (Count V), and defamed them (Count VI). In particular, the plaintiffs seek discovery directed at uncovering evidence from both Martineau and Olympus concerning, in relevant part, Martineau’s alleged complaint filed with Olympus.

As alluded to above, but discussed below, the plaintiffs’ motion is denied.

DISCUSSION

I. The Rule 56(f) Paradigm

When a party, as here, “claims an inability to respond to an opponent’s summary judgment motion because of incomplete discovery, [Mass.R.Civ.P. 56(f)] looms large.” Resolution Trust Corp. v. North Bridge Assoc. Inc., 22 F.3d 1198, 1202 (1st Cir. 1994) (discussing federal counterpart Fed.R.Civ.P. 56(f)).11 Rule 56(f) is a “procedural escape hatch,” Argentieri v. Fisher Landscapes, Inc., 15 F.Supp.2d 55, 60 (D.Mass.

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Bluebook (online)
11 Mass. L. Rptr. 617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barthelmes-v-martineau-masssuperct-2000.