Del Monaco v. United Parcel Service

47 F. Supp. 2d 1371, 1999 U.S. Dist. LEXIS 7110, 1999 WL 304641
CourtDistrict Court, S.D. Florida
DecidedApril 21, 1999
DocketNo. 97-3982-Civ
StatusPublished

This text of 47 F. Supp. 2d 1371 (Del Monaco v. United Parcel Service) is published on Counsel Stack Legal Research, covering District Court, S.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Del Monaco v. United Parcel Service, 47 F. Supp. 2d 1371, 1999 U.S. Dist. LEXIS 7110, 1999 WL 304641 (S.D. Fla. 1999).

Opinion

ORDER DENYING SUMMARY JUDGMENT

K. MICHAEL MOORE, District Judge.

THIS CAUSE came before the Court upon Defendant’s Motion for Summary Judgment (DE # 45).

UPON CONSIDERATION of the motion, responses, materials submitted, the pertinent portions of the record, and being otherwise fully advised in the premises, the Court enters the following Order.

BACKGROUND

This matter arises out of a claim by Plaintiff Ruben I. Del Monaco against Defendant United Parcel Service (“UPS”) for retaliatory discharge under Title VII of the Civil Rights Act, and the Florida Human Civil Rights Act of 1992. Plaintiff claims that his discharge was a direct result of his vehement opposition to racial discrimination against his African-American coworkers. Defendant claims that Plaintiff was discharged for violating a fundamental company rule requiring that all accidents be reported to Defendant. The following facts are undisputed for the purposes of Defendant’s Motion for Summary Judgment.

Beginning in September 1980, Plaintiff was employed by Defendant as a package driver. During February 1996, Sherry Morales, a UPS driver who was at that time on probation, was involved in an accident while backing into a condominium building to make a delivery. The accident resulted in damage to a driveway sidewall.

That weekend, Plaintiff assisted Michael Howard, another UPS driver, in repairing the sidewall to the satisfaction of the building’s condominium association president. Morales had not reported the accident to UPS, which was arguably a violation of company policy. Defendant claims that Plaintiff advised Morales not to report to accident, and Plaintiff denies this claim.

In April 1996, Plaintiff and Morales began dating. This relationship lasted approximately four months.

On September 25, 1996, Plaintiff told Andrew Sanguinetti, his supervisor, that Morales had been involved in an accident. On September 26, 1996, Sanguinetti informed Orlando Torres, Sanguinetti’s supervisor, of his conversation with Plaintiff. Torres then spoke with Plaintiff about the accident, and about Plaintiffs involvement. At that time, Torres informed Plaintiff that Torres was going to investigate Plaintiffs participation in the alleged incident.

Plaintiff claims that during this conversation, Torres stated that he was obliged “to pursue the ‘accident’ investigation against Del Monaco, because the ‘chardo’1 [1373]*1373(referring to UPS employee James Vamper) had ‘pushed his hand.’ ” See Plaintiffs Response and Memorandum of Law in Opposition to Defendant UPS’s Motion for Summary Judgment at 5.

Plaintiff claims that on the same day that Torres used the discriminatory comment, Plaintiff told Torres not to use that term. Plaintiff also claims that he complained to James Vamper, who was the subject of the remark, and UPS Supervisor Andrew Sanguinetti.

On September 27, 1996, Plaintiff alleges that he reported Torres’s alleged remark to Union Representative Josh Zivalich. That same day, Plaintiff was taken out of service, pending an investigation for charges of sexual harassment brought by Morales. In addition, UPS also sent a letter to Plaintiff, informing Plaintiff that he was being investigated for advising an employee not to report an accident.

Not long after the sexual harassment investigation began, a meeting was convened by Torres. The meeting was attended by Torres, Plaintiff, James Vam-per — an African-American UPS employee and union shop steward, and another union shop steward.

At the meeting, Torres informed all in attendance that the claim of sexual harassment was without merit, and Plaintiff would be cleared of the charge. At that time, however, Torres informed Plaintiff that he was being suspended again pending investigation of his involvement in the cover-up of Morales’s accident.

Torres concluded that Plaintiff had not only been involved in repairing the driveway, but he had advised Morales not to report the accident. Torres also found that Plaintiff had asked the condominium association president not to report the accident. However, Plaintiff maintains that Morales told him on several occasions that the accident had been reported to UPS. Defendant alleges that based on the evidence that Plaintiff had assisted Morales in covering up the accident, UPS terminated Plaintiffs employment.

Plaintiff filed two official grievances relating to his termination. The first was filed on October 6, 1996, after Plaintiff was taken out of service. The second was filed on October 9, 1996, after Plaintiff was terminated by UPS. During neither of these grievances did Plaintiff allege that the actions of UPS were in retaliation for any expressions by Plaintiff, nor did he make any mention of Torres’s alleged comment about James Vamper.

Plaintiff has acknowledged that failure of a driver to report an accident is punishable by termination.

DISCUSSION

I. Summary Judgment Standard

The standard to be applied in reviewing a summary judgment motion is stated unambiguously in Rule 56(c) of the Federal Rules of Civil Procedure:

The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.

Summary judgment may be entered only where there is no genuine issue of material fact. See Twiss v. Kury, 25 F.3d 1551, 1554 (11th Cir.1994). The moving party has the burden of meeting this exacting standard. Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 1608, 26 L.Ed.2d 142 (1970). An issue of fact is “material” if it is a legal element of the claim under the applicable substantive law which might affect the outcome of the case. Allen v. Tyson Foods, Inc., 121 F.3d 642, 646 (11th Cir.1997). It is “genuine” if the record taken as a whole could lead a rational trier of fact to find for the nonmov-ing party. Id.

In applying this standard, the district court must view the evidence and all factual inferences therefrom in the light most [1374]*1374favorable to the party opposing the motion. Id. However, the non-moving party:

may not rest upon the mere allegations or denials of the adverse party’s pleading, but the adverse party’s response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial.

Fed.R.Civ.P. 56(e). “The mere existence of a scintilla of evidence in support of the [non-movant’s] position will be insufficient; there must be evidence on which the jury could reasonably find for the [non-mov-ant].” Anderson v. Liberty Lobby, Inc.,

Related

Little v. United Technologies
103 F.3d 956 (Eleventh Circuit, 1997)
Allen v. Tyson Foods, Inc.
121 F.3d 642 (Eleventh Circuit, 1997)
Adickes v. S. H. Kress & Co.
398 U.S. 144 (Supreme Court, 1970)
McDonnell Douglas Corp. v. Green
411 U.S. 792 (Supreme Court, 1973)
Texas Department of Community Affairs v. Burdine
450 U.S. 248 (Supreme Court, 1981)
Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (Supreme Court, 1986)
Cornelious Howard v. Bp Oil Company, Inc.
32 F.3d 520 (Eleventh Circuit, 1994)
Twiss v. Kury
25 F.3d 1551 (Eleventh Circuit, 1994)

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Bluebook (online)
47 F. Supp. 2d 1371, 1999 U.S. Dist. LEXIS 7110, 1999 WL 304641, Counsel Stack Legal Research, https://law.counselstack.com/opinion/del-monaco-v-united-parcel-service-flsd-1999.