Gingras v. Milwaukee County

127 F. Supp. 3d 964, 2015 U.S. Dist. LEXIS 115388, 99 Empl. Prac. Dec. (CCH) 45,393, 2015 WL 5098746
CourtDistrict Court, E.D. Wisconsin
DecidedAugust 31, 2015
DocketCase No. 13-CV-1368-JPS
StatusPublished
Cited by2 cases

This text of 127 F. Supp. 3d 964 (Gingras v. Milwaukee County) 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
Gingras v. Milwaukee County, 127 F. Supp. 3d 964, 2015 U.S. Dist. LEXIS 115388, 99 Empl. Prac. Dec. (CCH) 45,393, 2015 WL 5098746 (E.D. Wis. 2015).

Opinion

ORDER

J.P. STADTMUELLER, District Judge.

In this civil suit, filed on December 4, 2013, Plaintiff, Julie Gingras, alleges discrimination on the basis of her “sex and family/caregiving responsibilities” against Defendant, Milwaukee County, in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. (Docket # 1 at 12). This matter comes before the Count on the defendant’s Motion for Summary Judgment, filed on March 16, 2015. (Docket # 23). The motion is now fully briefed and ready for disposition.1 As discussed in detail below, the Court finds as a matter of law that the defendant is entitled to summary judgment.

[967]*967Before turning to the undisputed facts, however, the Court must address one preliminary matter. On April 13, 2015, the plaintiff filed a Motion to Set Aside or For Leave to Withdraw Admissions. (Docket #35). The motion was in response, the Court presumes, to a footnote in the defendant’s summary judgment brief which states the following:

Defendant relies on the record developed to support its summary judgment motion. However, Defendant would note that Plaintiff failed to timely respond to Defendant’s First Set of Discovery Requests, including the Requests for Admission, and thus' they are deemed admitted under FRCP 36(a)(3). See Affidavit of Ron Stadler, ¶¶2-3, Exs. A-B. Further, Plaintiff has never moved this Court to be relieved from the requests being deemed admitted as required pursuant to FRCP 36(b). While the evidence in the record is more than sufficient to grant summary judgment in Defendant’s favor — with or without the deemed admitted facts — Defendant objects to any attempt by Plaintiff to argue facts inconsistent with the requests for admission which were deemed admitted.

(Def's Mot. S. J., Docket # 24 at 2). The plaintiff acknowledges that the admissions were deemed admitted as a result of its failure to timely respond, and asks that the Court permit the admissions be withdrawn. (See Docket # 35).

In order to be relieved from matters deemed admitted due to an untimely response, the movant, here the plaintiff, must convince the Court that allowing withdrawal would promote the presentation of the merits of the case and that the nonmoving party would not suffer prejudice if the withdrawal is permitted. Fed.R.Civ.P. 36(b). Here, the parties agree, as they must, that allowing the withdrawal would promote the presentation of the merits, but disagree on the question of prejudice. The Court need not dwell on this issue, however, because it grants summary judgment in favor of the defendant even with the withdrawal of the plaintiffs admissions. As such, and in accordance with-the Seventh Circuit’s well-established policy favoring the resolution of cases on the merits, see Sun v. Bd. of Trs. of Univ. of Ill., 473 F.3d 799, 811 (7th Cir.2007); Barry Aviation, Inc. v. Land O’Lakes Mun. Airport Comm’n, 377 F.3d 682, 687 (7th Cir.2004), the Court will grant the plaintiffs Motion to Set Aside or For Leave to Withdraw Admissions. (Docket # 35). The Court now turns to address the defendant’s Motion for Summary Judgment.

1. FACTUAL BACKGROUND2

1.1 The Parties

The defendant, Milwaukee County, operates a mental health facility known as the Behavioral Health Division (“BHD”). (Defendant’s Proposed Finding of Fact (“DPFF”) ¶ 1). Within the BHD there is an Educational Services Department which trains and educates new and current staff. (DPFF ¶ 2). In May 2012, Mary Kay Bultman (“Ms. Bultman”) was hired as the Director of Educational Services. (DPFF ¶ 3).

The plaintiff is female and, at the time relevant to this action, maintained primary care responsibilities and duties for her five children. (Plaintiffs Proposed Findings of Fact (“PPFF”) ¶ l).3 The plaintiff has a [968]*968Master’s degree in Business Administration and a Master’s of Science in Nursing. (DPFF ¶ 9). The plaintiff has experience working for various health care providers, some of which are in the education context. (DPFF ¶ 10).

1.2 The Defendant Hires the Plaintiff

In May 2013, the plaintiff received a call from a nurse recruiter regarding a position in the Milwaukee County BHD. (DPFF ¶ 13). The position was for an Education Coordinator who would train and educate current and new staff at the BHD. (DPFF ¶ 14). The plaintiff participated in a phone interview and an in-person interview with the nurse recruiter during May 2013. (DPFF ¶ 15). ' In June 2013, the plaintiff interviewed in-person with Ms. Bultman, Cheryl Schloegl (Assistant Director of Nursing — female), Laurie Hess (Emergency Department Manager — female), and Katie Stecker (Nursing Administration— female). (DPFF ¶ 16).

During the interview and hiring process, the plaintiff discussed her child care obligations with the defendant and how those obligations would affect her work schedule. (PPPF ¶ 6). The plaintiff acknowledges that prior to the time the defendant hired her, Ms. Bultman knew that the plaintiff was female and that she had young children. (Pi’s Resp. to DPFF ¶ 18).

In approximately June 2013, and after the in-person interview, the defendant offered the plaintiff a position as an Educational Services Coordinator in the Educational Services Department of its BHD. Ms. Bultman was the individual who recommended that the plaintiff be hired for the position. (DPFF ¶ 17).

1.3 Pre-Employment Interaction

Ón or about July 3, 2013, Ms. Bultman spoke with the plaintiff via telephone. (PPFF ¶ 11). During that conversation, Ms. Bultman told the plaintiff that her start date would be July 8, 2013. The plaintiff told Ms. Bultman that she likely would not be able to find any child care for all of her children on such short notice and that she could not begin her employment with the defendant on July 8, 2013. (PPFF ¶ 12). As a result, Ms. Bultman told the plaintiff that her start date at the defendant could instead be July 15, 2013. (PPFF ¶ 13). During the same conversation, the plaintiff told Ms. Bultman that she would begin the process of securing child care after she received a written offer of employment from the defendant. Ms. Bultman said that she would speak to the defendant’s Human Resources Department and that a written offer of employment would be forthcoming. (PPFF ¶ 14).

On July 11, 2013, the plaintiff told an individual in the defendant’s Human Resources Department that she could not start work on Monday, July 8, 2013, with the rest of the new hires and that she needed a written offer of employment before she would secure childcare for her children. Approximately forty minutes after this phone call, Valerie Sprewell, Human Resources Coordinator, sent a written confirmation of employment to the plaintiff. (PPFF ¶¶ 16-17). The offer specified, among other things, that the plain[969]

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127 F. Supp. 3d 964, 2015 U.S. Dist. LEXIS 115388, 99 Empl. Prac. Dec. (CCH) 45,393, 2015 WL 5098746, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gingras-v-milwaukee-county-wied-2015.