Farr v. Rolls-Royce Corp.

28 F. Supp. 3d 809, 58 Employee Benefits Cas. (BNA) 2231, 2014 WL 2938490, 2014 U.S. Dist. LEXIS 88502
CourtDistrict Court, S.D. Indiana
DecidedJune 30, 2014
DocketNo. 1:13-cv-01266-JMS-DKL
StatusPublished

This text of 28 F. Supp. 3d 809 (Farr v. Rolls-Royce Corp.) is published on Counsel Stack Legal Research, covering District Court, S.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Farr v. Rolls-Royce Corp., 28 F. Supp. 3d 809, 58 Employee Benefits Cas. (BNA) 2231, 2014 WL 2938490, 2014 U.S. Dist. LEXIS 88502 (S.D. Ind. 2014).

Opinion

ORDER

JANE MAGNUS-STINSON, District Judge.

Plaintiff Kenneth W. Farr brings this suit against Defendants Rolls-Royce Corp., Rolls-Royce North American, Inc., Rolls-Royce North America Holdings, Inc., and Rolls-Royce North American (USA) Holdings Co. (collectively, “Rolls-Royce”), asserting claims under the Employee Retirement Income Security Act (“ERISA”)and state law. [Filing No. 1.] Presently pending before the Court is Rolls-Royce’s Motion for Summary Judgment. [Filing No. 23.] For-the reasons that follow, the Court GRANTS Rolls-Royce’s motion.

I.

Type op Motion and Standard Of Review

A. Whether Rolls-Royce’s Motion is Properly Filed as a Motion for Summary Judgment and Whether Mr. Farr is Entitled to Further Discovery

Mr. Farr asserts that “Rolls-Royce’s Motion for Summary Judgment should be considered a Motion to Dismiss” because “Rolls-Royce has prematurely filed a Motion for Summary Judgment without a complete factual record.” [Filing No. 32 at 8.] Mr. Farr cites no authority for this proposition. This is likely because Rolls-Royce is of course permitted to file whatever type of motion it sees fit so long as it complies with the Federal Rules of Civil Procedure in doing so, which provide that “a party may file a motion for summary judgment at any time until 30 days after the close of discovery.” Fed.R.Civ.P. 56(b) (emphasis added). Accordingly, the Court will treat Rolls-Royce’s motion as one for summary judgment, not as a motion to dismiss.

[811]*811Mr. Farr next asserts that “if the Court is in any way inclined to grant the Motion for Summary Judgment in favor of Rolls-Royce ... this Court must at least allow Mr. Farr to pursue basic documents and deposition testimony pursuant to Rule 56(D).” [Filing No. 32 at 8.] But Federal Rule of Civil Procedure 56(d) makes clear that, under the circumstances here, the Court is not required to allow further discovery. Federal Rule of Civil Procedure 56(d) provides:

(d) When Facts Are Unavailable to the Nonmovant. If a nonmovant shows by affidavit or declaration that, for specified reasons, it cannot present facts essential to justify its opposition, the court may:
(1) defer considering the motion or deny it;
(2) allow time to obtain affidavits or declarations or to take discovery; or

(3) issue any other appropriate order. Fed.R.Civ.P. 56(d) (emphasis added). Mr. Farr has not complied with the requirements of this rule to be entitled to any relief under it. He did not submit an affidavit or declaration, nor did he set forth specified reasons (as opposed to general ones) why he cannot present essential facts to support his opposition. Accordingly, for either of these reasons, Mr. Farr is not entitled to any relief pursuant to Rule 56(d).

B. Standard of Review

A motion for summary judgment asks the Court to find that a trial is unnecessary because there is no genuine dispute as to any material fact and, instead, the movant is entitled to judgment as a matter of law. See Fed.R.Civ.P. 56(a). As the current version of Rule 56 makes clear, whether a party asserts that a fact is undisputed or genuinely disputed, the party must support the asserted fact by citing to particular parts of the record, including depositions, documents, or affidavits. Fed. R.Civ.P. 56(c)(1)(A). A party can also support a fact by showing that the materials cited do not establish the absence or presence of a genuine dispute or that the adverse party cannot produce admissible evidence to support the fact. Fed.R.Civ.P. 56(c)(1)(B). Affidavits or declarations must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant is competent to testify on matters stated. Fed. R.Civ.P. 56(c)(4). Failure to properly support a fact in opposition to a movant’s factual assertion can result in the movant’s fact being considered undisputed, and potentially in the grant of summary judgment. Fed.R.Civ.P. 56(e).

In deciding a motion for summary judgment, the Court need only consider disputed facts that are material to the decision. A disputed fact is material if it might affect the outcome of the suit under the governing law. Hampton v. Ford Motor Co., 561 F.3d 709, 713 (7th Cir.2009). In other words, while there may be facts that are in dispute, summary judgment is appropriate if those facts are not outcome determinative. Harper v. Vigilant Ins. Co., 433 F.3d 521, 525 (7th Cir.2005). Fact disputes that are irrelevant to the legal question will not be considered. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

On summary judgment, a party must show the Court what evidence it has that would convince a trier of fact to accept its version of the events. Johnson v. Cambridge Indus., 325 F.3d 892, 901 (7th Cir.2003). The moving party is entitled to summary judgment if no reasonable fact-finder could return a verdict for the non-moving party. Nelson v. Miller, 570 F.3d 868, 875 (7th Cir.2009). The Court views the record in the light most favorable to [812]*812the non-moving party and draws all reasonable inferences in that party's favor. Darst v. Interstate Brands Corp., 512 F.3d 903, 907 (7th Cir.2008). It cannot weigh evidence or make credibility determinations on summary judgment because those tasks are left to the fact-finder. O’Leary v. Accretive Health, Inc., 657 F.3d 625, 630 (7th Cir.2011). The Court need only consider the cited materials, Fed.R.Civ.P. 56

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28 F. Supp. 3d 809, 58 Employee Benefits Cas. (BNA) 2231, 2014 WL 2938490, 2014 U.S. Dist. LEXIS 88502, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farr-v-rolls-royce-corp-insd-2014.