Birks v. Jack Ingram Motors, Inc.

346 F. Supp. 2d 1216, 2004 U.S. Dist. LEXIS 25308, 2004 WL 2735539
CourtDistrict Court, M.D. Alabama
DecidedNovember 16, 2004
DocketCIV.A. 2:03CV1283-T
StatusPublished
Cited by3 cases

This text of 346 F. Supp. 2d 1216 (Birks v. Jack Ingram Motors, Inc.) is published on Counsel Stack Legal Research, covering District Court, M.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Birks v. Jack Ingram Motors, Inc., 346 F. Supp. 2d 1216, 2004 U.S. Dist. LEXIS 25308, 2004 WL 2735539 (M.D. Ala. 2004).

Opinion

*1218 OPINION

MYRON H. THOMPSON, District Judge.

Plaintiff Melanie Birks brings this lawsuit alleging that her former employer, defendant Jack Ingram Motors, Inc., paid her less than similarly situated male employees in violation of the Equal Pay Act of 1963, 29 U.S.C.A. § 206(d), and Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.A. §§ 1981a, 2000e through 2000e-17, and engaged in retaliatory termination against her in violation of Title VII. Birks also asserts a pendent state-law claim that management of Jack Ingram Motors slandered her. The court’s jurisdiction is proper under 28 U.S.C.A. § 1331 (federal question), 42 U.S.C.A. § 2000e-5(f) (Title VII), 29 U.S.C.A. § 216(b) (Equal Pay Act), and 28 U.S.C.A. § 1367 (supplemental).

This case is now before the court on Jack Ingram Motor’s motion for summary judgment. The summary-judgment motion will be granted.

I. SUMMARY-JUDGMENT STANDARD

Summary judgment is proper where “there is no genuine issue as to any material fact” and “the moving party is entitled to a judgment as a matter of law.” Fed. R.Civ.P. 56(c). “[T]he mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986). Only factual disputes that are material under the substantive law governing the case will preclude entry of summary judgment. Id.

Where, as here, the non-moving party bears the burden of proof at trial, “the moving party, in order to prevail, must do one of two things: show that the non-moving party has no evidence to support ... [his] case, or present ‘affirmative evidence demonstrating that the non-moving party will be unable to prove ... [his] case at trial.’ ” Hammer v. Slater, 20 F.3d 1137, 1141 (11th Cir.1994) (quoting U.S. v. Four Parcels of Real Property, 941 F.2d 1428, 1437-38 (11th Cir.1991) (en banc)). Once the party seeking summary judgment has informed the court of the basis for its motion, the burden shifts to the non-moving party to demonstrate why summary judgment would be inappropriate. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 2553, 91 L.Ed.2d 265 (1986). To this end, the non-moving party “must set forth specific facts showing that there is a genuine issue for trial.” Anderson, 477 U.S. at 256, 106 S.Ct. at 2514. In making its determination, the court must view all evidence and any factual inferences in the light most favorable to the non-moving party. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986).

II. FACTUAL BACKGROUND

In October 2001, Jack Ingram Motors hired Birks as a Finance and Insurance (F & I) Manager for the company’s Value Lot. Subsequently, in response to the request of the company’s controller, Patty Caldwell, and president, Ray Ingram, Birks agreed to work on the Mercedes Lot, beginning April 1, 2002.

According to a written pay plan dated April 1, 2002, 1 Birks’s pay consisted of the following four components:

*1219 (1) A base salary of $1,300 per month.
(2) A commission percentage, ranging from 22.5% to 25%, of the pooled F & I gross profit.
(3) A $500 bonus per vehicle, paid if the total number of units sold in a single month exceeded 274 units.
(4) A $500 bonus, dependent upon Birks’s service-contract performance.

In addition to the terms specified in her pay plan, Birks received a percentage of any sale in which she assisted. The salesperson would receive 65% of the commission, and Birks would receive the remaining 35%.

In August or September 2002, Birks received a call, asking her to assist in a sale in the Nissan building. 2 Because she was already working with a customer in the Mercedes building, she suggested that Woodham be contacted for assistance. Woodham subsequently confronted Birks in her office, yelling that he did not assist in Nissan deals. He leaned over Birks’s desk and pointed his finger in her face, screaming that she should have assisted in the Nissan deal. Later that day, Jack Ingram Motors’s human resource director discussed the incident with both Woodham and Birks. Controller Caldwell was present at the meeting. At the human resource director’s request, Woodham apologized to Birks.

There were no more confrontations between Birks and Woodham until October 16, 2002. At this time and during a meeting in Caldwell’s office, Caldwell and Woodham told Birks that she was not meeting her professional responsibilities, 3 including covering deals at the Nissan building. Angered by Caldwell and Wood-ham’s comments and in an effort to recover her composure, Birks left Jack Ingram Motors, without permission, mid-way through her work day.

Although scheduled to work on October 17, Birks failed to appear at Jack Ingram Motors on that day. However, she subsequently telephoned Ingram, the company president, and the two arranged to meet on October 21. During this meeting, Birks handed a letter to Ingram dated October 17, in which she detailed her concerns about pay discrepancies between male and female employees as well as about Wood-ham and Caldwell’s abusive behavior. 4 Birks also clarified that she had not quit her job at Jack Ingram Motors. In response, Ingram told Birks that he would investigate and review her complaints, and he asked her not to work at the company until she had heard further from him.

*1220 Ingram sent Birks a letter, dated October 23, 2002, in which he denied Birks’s allegations of pay discrepancies between male and female employees as well as the existence of a hostile-work environment. In addition, Ingram wrote that “by repeatedly leaving the premises without permission or notice and failing to return to work during ... scheduled shifts,” 5 Birks had voluntarily quit.

Birks filed this lawsuit on December 31, 2003.

III. DISCUSSION

A. Equal Pay Act

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Bluebook (online)
346 F. Supp. 2d 1216, 2004 U.S. Dist. LEXIS 25308, 2004 WL 2735539, Counsel Stack Legal Research, https://law.counselstack.com/opinion/birks-v-jack-ingram-motors-inc-almd-2004.