Campbell v. Cellco Partnership

860 F. Supp. 2d 284, 2012 WL 400959, 2012 U.S. Dist. LEXIS 15843
CourtDistrict Court, S.D. New York
DecidedFebruary 7, 2012
DocketNo. 10 Civ. 9168 (SAS)
StatusPublished
Cited by17 cases

This text of 860 F. Supp. 2d 284 (Campbell v. Cellco Partnership) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Campbell v. Cellco Partnership, 860 F. Supp. 2d 284, 2012 WL 400959, 2012 U.S. Dist. LEXIS 15843 (S.D.N.Y. 2012).

Opinion

OPINION AND ORDER

SHIRA A. SCHEINDLIN, District Judge.

I. INTRODUCTION

Patrick “Tony” Campbell brings this diversity action against Célico Partnership, d/b/a Verizon Wireless, Inc. (hereinafter “Verizon”),1 alleging claims of racial discrimination and retaliation under the New York State Human Rights Law (“NYSHRL”)2 and the New York City Human Rights Law (“NYCHRL”).3 Campbell is an African-American and a citizen of New York.4 Verizon is a Delaware corporation, with its principal place of business in New Jersey.5 Verizon now moves for partial summary judgment dismissing plaintiffs discrimination claims under Rule 56(c) of the Federal Rules of Civil Procedure. For the following reasons, defendant’s motion is granted and the discrimination claims are dismissed.

II. BACKGROUND6

A. Undisputed Facts

Plaintiff began his career at Verizon in 2000 as a store manager.7 Beginning in 2001, plaintiff received both negative and positive feedback on his performance appraisals. The positive comments included compliments in 2002 that he was the “hardest working store manager”8 and in 2004 on his “year over year growth.”9 [288]*288The negative feedback focused on his brash management style, including a comment in 2001 that plaintiff “must observe staff and give positive feedback” and a “Final Written Warning” in 2002 for using “abusive and threatening language toward an employee.”10 In 2006, plaintiffs supervisor told him that his staff found him “unapproachable.”11 When he challenged these complaints about his management ability in an email sent to the Human Resources Department (“HR”), plaintiff was told that the concerns raised by his colleagues were a “consistent theme that we have heard over time.”12

In 2005, plaintiff applied for, but was not awarded, the position of District Manager (“DM”) for Verizon’s Manhattan stores; instead, he became the DM of the Westchester/Putnam Zone.13 In 2006, plaintiff began reporting to Kevin Zavaglia (a Caucasian)14 and, in April of 2006, plaintiff became the DM of the Brooklyn and Queens Zone.15 John McCarthy (a Caucasian), replaced plaintiff as DM of the Westchester/Putnam Zone.16 In January 2008, Patrick Devlin (a Caucasian) was hired as Regional President17 and, in March 2008, Devlin interviewed plaintiff for the Director of Regional Sales position — the supervisor of the DM’s18 — but hired Michael Scribner (an African-American) for the position instead. That same month, plaintiffs staff tampered with the Net Promoter Scores (“NPS”) in order to increase the customer service ranking for their stores.19 Scribner spoke to plaintiff about this incident and was “very angry and yelling.”20 Plaintiffs performance appraisal for 2008 was “largely positive,” but included familiar concerns “voiced by some of the members of Tony’s team about the means in which he communicates with them.”21

In 2009, plaintiff accepted a transfer to the position of DM of Zone 9, in Manhattan.22 In early 2009, after Circuit City filed for bankruptcy, Verizon laid off its “lowest performing employees” and froze hiring.23 From January to June 2009, plaintiff “consistently ranked in the lower half of the DM’s” on the sales score cards.24 Citing his lack of “necessary skills to manage the Manhattan stores”25 [289]*289and “complaints about [p]laintiff from members of his staff,”26 Scribner transferred plaintiff from his position as DM of Manhattan, Zone 9, back to DM of Brooklyn and Queens, where he replaced Tomas Cain (a Caucasian).27 Khurram Zyed (an Arab-American) replaced plaintiff as DM of Manhattan, Zone 9.28

For the first three months as DM of Queens and Brooklyn, plaintiff ranked eleventh out of sixteen DM’s in July 2009, thirteenth out of sixteen DM’s in August 2009, and eleventh out of sixteen DM’s in September 2009.29 Plaintiff made informal complaints about being understaffed,30 but he “never made a written request to the Incentive Review Board (IRB) for quota relief.”31 During this time Scribner “received more complaints from members of [p]laintiff s staff,”32 but plaintiff “was not disciplined in any way at the time ....”33

In the middle of September 2009, Scribner emailed Marielena McDonald (an HR employee) seeking to demote plaintiff.34 Scribner attached a letter outlining his reasons, which included complaints about plaintiffs management style and that his NPS scores were the “lowest;” and that his “Year over Year growth” was the lowest of all DM’s in the same portion of the New York Metro Area.35 Scribner’s request was denied. However, Nancy Percent (an HR employee) expressed “concern that nothing more formal was ever delivered to Tony” even though she had “heard about these concerns for months.”36

Around the same time, Devlin and his supervisor, David Small, paid a surprise visit to one of plaintiffs stores.37 After an employee was unable to answer questions about the store’s NPS, plaintiff was placed on an NPS specific Performance Improvement Plan (“PIP”).38 While Devlin was copied on the letter discussing the NPS PIP, it was sent by Scribner.39 Plaintiff met with Scribner in October 2009 to discuss the NPS PIP but he refused to sign it.40 After that meeting, plaintiff met with Lambert to complain about racial discrimination.41 This was the first time plaintiff lodged an official complaint with Lambert.42

In mid-October 2009, Scribner (in consultation with plaintiff, Lambert, and McDonald), drafted an Overall 30-day PIP for plaintiff.43 During this time, Scribner accepted the position of Director for the Northeast Area44 and McCarthy was hired [290]*290as Scribner’s replacement.45 On October 30, 2009, McCarthy and Lambert placed plaintiff on the Overall 30-day PIP.46 In November 2009, plaintiff was “given a Final Written Warning for divulging confidential information” about another employee’s demotion.47 At the end of November, the 30-day PIP was extended another thirty days.48 Plaintiff ranked first out of sixteen DM’s in November 200949 and fifteenth out of sixteen DM’s in December 2009.50

In December 2009, plaintiffs Performance Appraisal ranked him as “developing,” the lowest possible score.51

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Bluebook (online)
860 F. Supp. 2d 284, 2012 WL 400959, 2012 U.S. Dist. LEXIS 15843, Counsel Stack Legal Research, https://law.counselstack.com/opinion/campbell-v-cellco-partnership-nysd-2012.