Blount v. Morgan Stanley Smith Barney LLC

982 F. Supp. 2d 1077, 2013 WL 5663480, 2013 U.S. Dist. LEXIS 150261, 120 Fair Empl. Prac. Cas. (BNA) 729
CourtDistrict Court, N.D. California
DecidedOctober 17, 2013
DocketNo. CV 11-02227 CRB
StatusPublished
Cited by10 cases

This text of 982 F. Supp. 2d 1077 (Blount v. Morgan Stanley Smith Barney LLC) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Blount v. Morgan Stanley Smith Barney LLC, 982 F. Supp. 2d 1077, 2013 WL 5663480, 2013 U.S. Dist. LEXIS 150261, 120 Fair Empl. Prac. Cas. (BNA) 729 (N.D. Cal. 2013).

Opinion

ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

CHARLES R. BREYER, United States District Judge.

Plaintiff Jesse Blount III, an African-American man, brings this employment discrimination suit against his employer, Morgan Stanley Smith Barney (“MSSB”) and his supervisor at MSSB Jim Nielsen (“Nielsen”), alleging race discrimination and retaliation for prior claims against MSSB and Nielsen. Plaintiff also claims that Defendants failed to prevent discrimination and retaliation against him. Defendants move for summary judgment, arguing that Plaintiff was not subject to any adverse employment action, and even if he was, it was not the result of discrimination or retaliation. Upon consideration of the motion and the opposition thereto, the Court finds that Defendants are entitled to summary judgment.

I. BACKGROUND

Plaintiff, the only African-American Financial Advisor (“FA”) in MSSB’s San Jose office, has been employed as an FA for more than twenty-five years. In 2006, [1080]*1080Plaintiff began to file complaints against his supervisors about treatment that he believed was discriminatory. Plaintiff brought suit in 2007, but later released Defendants of all liability for actions that occurred before March 9, 2009 in connection with the Jaffe v. Morgan Stanley class action.1

In support of his claims of discrimination and retaliation, Plaintiff alleges that (1) MSSB’s compensation structure favored white FAs; (2) MSSB managers refused to support Plaintiffs development of a business plan; (3) MSSB refused to hire Plaintiffs acquaintances, which interfered with his desired partnership structure; (4) MSSB fired Plaintiffs intern, which reduced the extent of his support services and negatively impacted his compensation; (5) MSSB replaced his Client Services Assistant (“CSA”) with a less effective CSA; and (6) MSSB conducted a biased and ineffective investigation of his discrimination claims.

Plaintiff, along with Steve Parker and Tiffany Perez, initially filed suit on May 6, 2011. See generally Compl. (dkt.l). Subsequently, Parker and Perez were removed as plaintiffs because they settled with Defendants. See Order and Stipulation of Dismissal With Prejudice (dkt.98) at 1; Second Am. Compl. (dkt.99).

II. LEGAL STANDARD

A. Summary Judgment

A party is entitled to summary judgment “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. Proc. 56(a). A dispute is genuine “if the evidence is such that a reasonable jury could return a verdict” for either party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A fact is material if it could affect the outcome of the suit under the governing law. Id. at 248-49, 106 S.Ct. 2505. To determine whether a genuine dispute as to any material fact exists, a court must view the evidence in the light most favorable to the non-moving party. Id. at 255, 106 S.Ct. 2505. A principal purpose of summary judgment “is to isolate and dispose of factually unsupported claims.” Celotex Corp. v. Catrett, 477 U.S. 317, 323-24, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

In determining whether to grant or deny summary judgment, it is not a court’s task “to scour the record in search of a genuine issue of triable fact.” Keenan v. Allan, 91 F.3d 1275, 1279 (9th Cir.1996) (internal quotation marks omitted). Rather, a court is entitled to rely on the non-moving party to “identify with reasonable particularity the evidence that precludes summary judgment.” Id.

B. Employment Discrimination

A plaintiff can defeat a motion for summary judgment on an employment discrimination claim by producing “direct or circumstantial evidence demonstrating that a discriminatory reason more likely than not motivated the employer.” Surrell v. Cal. Water Serv. Co., 518 F.3d 1097, 1105 (9th Cir.2008) (quoting Metoyer v. Chassman, 504 F.3d 919, 931 (9th Cir.2007)).

In order to prevail in a Title VII case, plaintiff must first establish a prima facie case of discrimination. In particular, plaintiff must show that he was (1) a member of a protected class, (2) qualified for the position, (3) subjected to an adverse employment action, and (4) similarly situated to individuals outside the protected [1081]*1081class who were treated more favorably. Aragon v. Republic Silver State Disposal, Inc., 292 F.3d 654, 658 (9th Cir.2002). For discrimination claims, an adverse employment action “is one that ‘materially affect[s] the compensation, terms, conditions, or privileges” of employment. Davis v. Team Elec. Co., 520 F.3d 1080, 1089 (9th Cir.2008) (quoting Chuang v. Univ. of Cal. Davis, Bd. ofTrs., 225 F.3d 1115,1126 (9th Cir.2000)). For claims of status-based discrimination (race, color, national origin, sex, religion), plaintiff needs to show that “the motive to discriminate was one of the employer’s motives, even if the employer also had other, lawful motives.” Univ. of Tex. Sw. Med. Ctr. v. Nassar, — U.S. -, 133 S.Ct. 2517, 2523,186 L.Ed.2d 503 (2013).

Once plaintiff establishes a prima facie case of discrimination, the burden shifts to defendant to articulate a legitimate, nondiscriminatory reason for its allegedly discriminatory conduct. Surrell, 518 F.3d at 1106. If defendant articulates such a nondiscriminatory reason, the burden shifts back to plaintiff to show that “the employer’s proffered nondiscriminatory reason is merely a pretext for discrimination.” Id. (quoting Dominguez-Curry v. Nevada Transp. Dep’t, 424 F.3d 1027, 1037 (9th Cir.2005)).

C. Retaliation

To state a prima facie case of retaliation, plaintiff must show that (1) he engaged in a protected activity, (2) he suffered an adverse employment action, and (3) there was a causal link between the protected activity and the adverse employment action. Villiarimo v. Aloha Island Air, Inc., 281 F.3d 1054, 1064 (9th Cir.2002). To establish that he suffered an adverse employment action, plaintiff must show that a reasonable employee would have found that the employment action “well might have dissuaded a reasonable worker from making or supporting a charge of discrimination.” Burlington N. and Santa Fe Ry. Co. v. White, 548 U.S. 53, 68, 126 S.Ct. 2405, 165 L.Ed.2d 345 (2006) (internal quotation omitted).

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982 F. Supp. 2d 1077, 2013 WL 5663480, 2013 U.S. Dist. LEXIS 150261, 120 Fair Empl. Prac. Cas. (BNA) 729, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blount-v-morgan-stanley-smith-barney-llc-cand-2013.