Collins v. Milwaukee Housing Assistance Corp.

927 F. Supp. 1152, 1996 U.S. Dist. LEXIS 8234, 81 Fair Empl. Prac. Cas. (BNA) 1381, 1996 WL 328707
CourtDistrict Court, E.D. Wisconsin
DecidedJune 4, 1996
DocketNo. 94-C-1252
StatusPublished

This text of 927 F. Supp. 1152 (Collins v. Milwaukee Housing Assistance Corp.) is published on Counsel Stack Legal Research, covering District Court, E.D. Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Collins v. Milwaukee Housing Assistance Corp., 927 F. Supp. 1152, 1996 U.S. Dist. LEXIS 8234, 81 Fair Empl. Prac. Cas. (BNA) 1381, 1996 WL 328707 (E.D. Wis. 1996).

Opinion

DECISION AND ORDER

WARREN, District Judge.

Before the Court is the defendant’s Motion for Summary Judgment, pursuant to Federal Rule of Civil Procedure 56(b) and Local Rules 6.01, 6.04 and 6.05, in the above-captioned matter. For the following reasons, the defendant’s Motion for Summary Judgment is GRANTED and this case is DISMISSED.

I. PROCEDURAL AND FACTUAL BACKGROUND

On November 14,1994, plaintiff Willie Collins filed a Complaint alleging that the defendant Milwaukee Housing Assistance Corp. (hereinafter “MHAC”) had terminated his employment based on his race in violation of 42 U.S.C. § 1981. The plaintiff is African-American. On January 9, 1995, the defendant filed an Answer, asserting that the plaintiff’s position, “Resident Caretaker,” had been eliminated under a corporate-wide restructuring and that no one in the “Resident Caretaker” position had been retained. The defendant also filed a counterclaim, alleging that the plaintiff owes monies for rent due and for the unlawful conversion of a refrigerator. Both parties undertook discovery, which traversed a tortuous path. On March 1, 1996, the defendant moved for summary judgment and filed a Brief in Support of Motion for Summary Judgment. The plaintiff filed a response on March 12, 1996. On March 27, 1996, the defendant replied. The plaintiff filed an additional affidavit on April 15, 1996, to which the defendant replied on April 17,1996.

Pursuant to Local Rule 6.05(d), “assuming that a party moving for summary judgment properly supports its statement of facts by references to the record or other evidentiary material, such facts are taken as admitted by a nonmovant who fails to respond.” Lisbon Square v. United States, 856 F.Supp. 482, 488 (E.D.Wis.1994) (citing Appley v. West, 929 F.2d 1176, 1179-80 (7th Cir.1991)). See also Kropp v. McCaughtry, 915 F.Supp. 85, 87 n. 1 (E.D.Wis.1996); Doe v. Cunningham, 30 F.3d 879, 882-83 (7th Cir.1994). The non-moving party cannot generally object to the moving party’s proposed findings of fact. Rather, the non-moving party must specifically respond to each disputed finding of fact. See Langenfeld v. Stoelting, 902 F.Supp. 847, 849 (E.D.Wis.1995) (“Each specific response must include specific factual citations from the record supporting the existence of the claimed dispute.”). However, “the Court must remain mindful that pro se litigants are treated gently,” Lisbon Square, 856 F.Supp. at 488 (citing Lockhart v. Sullivan, 925 F.2d 214, 216 (7th Cir.1991)) and are “commonly required to comply with standards less stringent than those applied to expertly trained members of the legal profession.” Id. at 489 (citing Hughes v. Rowe, 449 U.S. 5, 9-10, 101 S.Ct. 173, 175-77, 66 L.Ed.2d 163 (1980) and Bates v. Jean, 745 F.2d 1146, 1150 (7th Cir.1984)).

Because the plaintiff has failed to file a point by point response to the defendant’s proposed findings of fact, the Court will construe the defendant’s proposed findings of fact as uncontested for the purpose of this motion. Local Rule 6.05(d). However, the Court is “mindful of the Seventh Circuit’s instruction to treat pro se parties with ‘kid gloves’ for purposes of summary judgment.” Lisbon Square, 856 F.Supp. at 489. In the interest of fairness, the Court will incorporate plaintiffs untimely, unauthenticated affidavit, as well as plaintiffs other proffered evidentiary documents into the record. Therefore, the Court adopts the defendant’s proposed findings of fact ¶¶ 1-22, but, in the interest of fairness, will consider the plaintiffs proffered evidentiary documents, including the untimely affidavit and its attachments.

[1157]*1157 II. FINDINGS OF FACT

By way of brief background, MHAC is a not-for-profit corporation created under the laws of the State of Wisconsin in 1989. MHAC redevelops, rehabilitates and manages urban, low-income housing. (Affidavit of Perry G. Harenda (hereinafter “Perry Aff.”) at ¶¶ 2-3.) Prior to 1992, MHAC had managed only double-family residences (“duplexes”) at scattered sites throughout the Milwaukee area. The leasing and day-to-day management of these duplexes was the responsibility of Ms. Alice Galloway-Torres, MHAC’s general Property Manager. Fred McKnight, MHAC’s general Maintenance Technician, was responsible for their maintenance and repair. (Perry. Aff. at ¶¶3, 8.) Beginning in 1992, MHAC undertook to expand its operations into the redevelopment and management of multiple-family residences (“apartments”). (Perry Aff. at ¶ 3.)

MHAC purchased its first apartment building on September 3, 1993. It is a 36 unit building located at 2933-37 West Wells Street in Milwaukee (hereinafter, the “2933-37 Building”). The 2933-37 Building is now part of a cluster of six different apartment buildings in the West Wells Street area that MHAC collectively markets and manages as the Garden West Village Apartments. (Perry Aff. at ¶¶ 6, 5.) MHAC planned to manage and market the apartments by geographic “cluster.” Each cluster would have two full-time staff members dedicated solely to that cluster: an Assistant Property Manager and a Resident Maintenance Manager. (Perry Aff. at ¶¶ 12-14.)

The Assistant Property Manager would be responsible for all aspects of residential leasing and management of his or her cluster of apartment buildings. The Assistant Property Manager’s duties included, among other things, marketing the rental units, qualifying prospective tenants, preparing and administering all leases, monitoring budgeted maintenance, repairs and cleaning, ensuring compliance with code, tax credit and WHEDA requirements, maintaining files and information, and preparing reports for occupancy, budgeting, maintenance and lenders. (Perry Aff. at ¶ 13.)

The Resident Maintenance Manager would be responsible for all aspects of maintenance, repair and cleaning for his or her cluster. The Resident Maintenance Manager’s duties included among other things performing scheduled maintenance work, making regular inspection of the ground, building and mechanical systems, performing daily tenant work orders, refurbishing vacant apartments, maintaining the apartment grounds, maintaining mechanical systems and appliances, making recommendations for physical repairs, capital improvements and supplies, maintaining an inventory of tools, equipment and supplies, and maintaining service records as necessary. The Resident Maintenance Manager would work under the supervision of the Assistant Property Manager and in conjunction with MHAC’s general maintenance staff and construction manager. The Resident Maintenance Manager, however, would be expected to perform these duties independently and therefore required training and experience in structural care, carpentry, appliance repair and the maintenance and repair of mechanical systems including plumbing, electrical, and heating ventilation and air conditioning (“HVAC”). (Perry Aff. at ¶ 14.)

MHAC also created a position called the Community Management Coordinator (“CMC”).

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927 F. Supp. 1152, 1996 U.S. Dist. LEXIS 8234, 81 Fair Empl. Prac. Cas. (BNA) 1381, 1996 WL 328707, Counsel Stack Legal Research, https://law.counselstack.com/opinion/collins-v-milwaukee-housing-assistance-corp-wied-1996.