Brown v. Samper

247 F.R.D. 188, 2008 WL 116403
CourtDistrict Court, District of Columbia
DecidedJanuary 14, 2008
DocketCivil Action No. 05-1086 (RMU)
StatusPublished
Cited by1 cases

This text of 247 F.R.D. 188 (Brown v. Samper) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brown v. Samper, 247 F.R.D. 188, 2008 WL 116403 (D.D.C. 2008).

Opinion

MEMORANDUM OPINION

Denying the Plaintiff’s Motion for Relief from Judgment

RICARDO M. URBINA, District Judge.

I. INTRODUCTION

The plaintiff, an African-American female employee at the National Zoological Park (“the National Zoo”), brought suit against the defendant, the Secretary of the Smithsonian Institute, under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. (“Title VII”). Specifically, the plaintiff claimed that the defendant was motivated by a wrongful discriminatory intent when the National Zoo failed to select her for a promotion. On January 19, 2007, the court granted the defendant’s motion for summary judgment, concluding that the plaintiff could not prove that the defendant’s rationale for not selecting her was a pretext for discrimination or that the defendant was motivated by racial or gender discrimination.

The plaintiff now moves the court for relief from judgment pursuant to Federal Rule of Civil Procedure 60(b), stating that she has new information that conclusively demonstrates the defendant’s discriminatory intent. The defendant argues that even if the new information did, in fact, demonstrate discrimination, the plaintiff should have discovered and disclosed the information during the summary judgment stage of the litigation. Because the plaintiff has offered no reason justifying relief from judgment, the court denies the plaintiffs motion.

II. BACKGROUND

A. Factual History

The plaintiff has worked at the National Zoo since 1985, serving as an animal keeper with the small mammal unit for the past twelve years. Compl. ¶ 7. Robert King is a Caucasian male who was the plaintiffs supervisor during the period of time at issue in this suit. Def.’s Mot. for Summ. J. (“Def.’s Mot.”) at 7; Pl.’s Opp’n to Def.’s Mot. for Summ. J (“Pl.’s Opp’n”) at 1.

In April 2003, King announced a vacancy for the biologist position at the Small Mammal Unit and his plans to appoint someone to a temporary detail for the position. Def.’s Mot. at 2. The plaintiff applied along with two other candidates, and a Caucasian male applicant was selected for the temporary position. PL’s Opp’n at 2; Def.’s Mot. at 2. King then prepared to make the biologist position permanent. Def.’s Mot. at 3.

King questioned the plaintiff multiple times about her transferring to a different division of the Zoo. PL’s Opp’n at 3. Subsequently, King informed the plaintiff that he wanted to detail her to the temporary biologist position. Id. By February 23, 2004, the plaintiff and a Caucasian male were the only two qualified applicants for the permanent biologist position. Def.’s Mot. at 4. A panel interviewed the plaintiff on March 11, 2004, and it interviewed the Caucasian male on March 12, 2004. PL’s Opp’n at 4. The defendant asserts, and the plaintiff does not dispute, that the panel members gave the man higher overall scores than they gave the plaintiff. Def.’s Mot., Exs. 10-D & 10-E. King followed the recommendation of the panel and selected the man for the permanent biologist position. Def.’s Mot. at 6; PL’s Opp’n at 4.

The plaintiff received notice of her non-selection on March 22, 2004. PL’s Opp’n at 4. She filed a formal administrative charge of discrimination on June 9, 2004, and she received the Final Agency Decision on March 4, 2005. Id. ¶¶ 17, 21.

B. Procedural History

On June 1, 2005, the plaintiff brought this suit alleging that racial and gender discrimi[191]*191nation in violation of Title VII were inherent in her non-selection for the biologist position. Id. ¶ 24. On June 5, 2006, the defendant moved for summary judgment, alleging that it did not select the plaintiff because the panel gave higher scores to the male applicant. Def.’s Mot. at 1. The court granted the defendant’s motion on January 19, 2007, concluding that the plaintiff could not demonstrate that the defendant acted with a discriminatory purpose. Mem. Op. (Jan. 19, 2007).

III. ANALYSIS

A. Relief Under Federal Rule of Civil Procedure 60(b)

In its discretion, the court may relieve a party from an otherwise final judgment pursuant to any one of six reasons set forth in Rule 60(b). Fed. R. Civ. P. 60(b); Lepkowski v. Dep’t of Treasury, 804 F.2d 1310, 1311-12 (D.C.Cir.1986). First, the court may grant relief from a judgment involving “mistake, inadvertence, surprise, or excusable neglect.” Fed. R. Civ. P. 60(b). Such relief under Rule 60(b) turns on equitable factors, notably whether any neglect was excusable. Pioneer Inv. Servs. Co. v. Brunswick Associates Ltd. P’ship, 507 U.S. 380, 392, 113 S.Ct. 1489, 123 L.Ed.2d 74 (1993). Second, the court may grant relief where there is “newly discovered evidence” that the moving party could not have discovered through its exercise of due diligence. Fed. R.Crv.P. 60(b). Third, the court may set aside a final judgment for fraud, misrepresentation, or other misconduct by an adverse party. Id.; Mayfair Extension, Inc. v. Magee, 241 F.2d 453, 454 (D.C.Cir.1957). Specifically, the movant must show that “such ‘fraud’ prevented him from fully and fairly presenting his case,” and that “the fraud is attributable to the party or, at least, to counsel.” Richardson v. Nat’l R.R. Passenger Corp., 150 F.R.D. 1, 7 (D.D.C.1993) (Sporkin, J.) (citations omitted). Fourth, the court may grant relief where the judgment is “void.” Fed.R.Civ.P. 60(b). A judgment may be void if the court lacked personal or subject-matter jurisdiction in the ease, acted in a manner inconsistent with due process, or proceeded beyond the powers granted to it by law. Eberhardt v. Integrated Design & Constr., Inc., 167 F.3d 861, 871 (4th Cir.1999). Fifth, the court may grant relief if the “judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed ... or it is no longer equitable that the judgment should have prospective application.” Fed. R.Civ.P. 60(b); Twelve John Does v. District of Columbia, 841 F.2d 1133, 1138 (D.C.Cir. 1988) (noting that not all judgments having continuing consequences are “prospective” for the purposes of Rule 60(b)). Sixth, the court may grant relief from a judgment for “any ... reason justifying [such] relief.” Fed.R.Civ.P.

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Bluebook (online)
247 F.R.D. 188, 2008 WL 116403, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-samper-dcd-2008.