Gosey v. Aurora Medical Center

975 F. Supp. 2d 961, 2013 WL 5428555, 2013 U.S. Dist. LEXIS 138366
CourtDistrict Court, E.D. Wisconsin
DecidedSeptember 26, 2013
DocketCase No. 11-C-805
StatusPublished

This text of 975 F. Supp. 2d 961 (Gosey v. Aurora Medical Center) 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
Gosey v. Aurora Medical Center, 975 F. Supp. 2d 961, 2013 WL 5428555, 2013 U.S. Dist. LEXIS 138366 (E.D. Wis. 2013).

Opinion

DECISION AND ORDER

RUDOLPH T. RANDA, District Judge.

Plaintiff Tina C. Gosey (“Gosey”), an African-American female, filed this employment discrimination and retaliation action against her former employer, Aurora Medical Center-Kenosha (“Aurora”). Gosey alleges that Aurora violated Title VII of the Civil Rights Act as amended (“Title VII”), 42 U.S.C. § 2000e, by not selecting her for a food manager position, subjecting her to harassment by key employees, and retaliating against her by terminating her employment. Gosey filed her action without counsel; however, she has been represented by counsel since February 24, 2012, when counsel filed a notice of appearance. (See ECF No. 15.) This Decision and Order addresses Gosey’s motion to supplement (ECF No. 52) and Aurora’s motion for summary judgment (ECF No. 27.)

MOTION TO SUPPLEMENT

Before addressing the summary judgment motion, the Court considers Gosey’s April 29, 2013, motion to supplement her brief by filing proposed findings of fact, which is supported by an affidavit of coun[964]*964sel. (ECF No. 52-1.) Aurora opposes the motion. (ECF Nos. 53 & 54.)

Counsel for Gosey avers that although he is requesting permission to file the proposed findings of fact in late April, Aurora saw the proposed findings in January— without citations to factual materials because the declarations had not been completed at that time. He also apologizes for not filing Gosey’s proposed findings when she filed her opposing brief, stating that at the time he filed Gosey’s brief, he was preparing to take a 10-day vacation and he “could not get around to both at the same time.”

On March 27, 2013, Gosey responded to Aurora’s motion for summary judgment but filed no proposed findings of fact. (ECF Nos. 41 & 42.) Civil Local Rule 56(b)(2) (E.D.Wis.) provides:

Each party opposing a motion for summary judgment must file within 30 days of service of the motion and the materials required by subsection (b)(1), above:
(A) a memorandum of law;
(B) a concise response to the moving party’s statement of facts that must contain:
(i) a reproduction of each numbered paragraph in the moving party’s statement of facts followed by a response to each paragraph, including, in the case of any disagreement, specific references to the affidavits, declarations, parts of the record, and other supporting materials relied upon, and
(ii) a statement, consisting of short numbered paragraphs, of any additional facts that require the denial of summary judgment, including references to the affidavits, declarations, parts of the record, and other supporting materials relied upon to support the facts described in that paragraph. A non-moving party may not file more than 100 separately-numbered statements of additional facts;
(C)any opposing affidavits, declarations, and other materials referred to in Fed.R.Civ.P. 56(c).

(Emphasis added.)

The Court notes that Gosey did file a number of motions for extension of time— which were granted. In July and November 2012, she obtained extensions of the deadlines discovery and for filing dispositive motions. (See July 10, 2012, Text only order; ECF No. 6.) On February 19, 2013, this Court granted Gosey’s request for 30 additional days to file her response to Aurora’s summary judgment motion. (ECF No. 38.) Gosey filed her response to the summary judgment motion on March 27, 2013, 36 days after February 19, 2013. When filing her materials in opposition to Aurora’s summary judgment motion, Gosey did not request additional time to file her proposed findings or give any indication that she intended to supplement her opposition filing. On April 10, 2013, Aurora filed its reply to Gosey’s response to its proposed findings of fact, its reply brief, and an affidavit.

On April 29, 2013, 19 days after Aurora filed its replies in support of its motion for summary judgment, Gosey filed her request for permission to file proposed findings of fact.

The record clearly reflects Gosey’s knowledge of the procedure for requesting extensions of time. In this instance, Gosey did not make a timely request for additional time to file her proposed findings of fact. She also has not established a sufficient reason for the belated filing of those proposed findings.

Furthermore, if allowed, the belated filing would require that Aurora supplement its reply materials and incur additional attorney’s fees in defense of the action. Under these circumstances, Gosey’s mo[965]*965tion for leave to file proposed findings of fact is denied. See Schmidt v. Eagle Waste & Recycling, Inc., 599 F.Bd 626, 630-31 (7th Cir.2010).

STANDARD FOR SUMMARY JUDGMENT

Summary judgment is appropriate “if the movant shows that there is no genuine dispute as to any material fact and that the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a); Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). Summary judgment should be granted when a party that has had ample time for discovery fails to “make a showing sufficient to establish the existence of an element essential to that party’s ease, and on which that party will bear the burden of proof at trial.” Id. If the moving party establishes the absence of a genuine issue of material fact, the non-moving party must demonstrate that there is a genuine dispute over the material facts of the case. Id. at 323-24, 106 S.Ct. 2548. “In determining whether a genuine issue of material fact exists, all facts are construed in favor of the nonmoving party.” Springer v. Durflinger, 518 F.3d 479, 483-84 (7th Cir.2008).

RELEVANT FACTS 1

General Background

Aurora is a healthcare provider with its principal place of business in Kenosha, Wisconsin. Aurora uses an electronic time and attendance recording system, known as Kronos, to record the hours worked by employees. By means of uniquely coded identification/badges, Kronos captures the precise time that each employee swipes in and out of work. Gosey was required to clock in and out of the Kronos system each day she worked. She worked for Aurora as a chef assistant from February 3, 2008, until October 19, 2010, when Aurora terminated her employment based on her absenteeism — specifically, her tardiness.

Gosey’s principal duties, as a cook and subsequently as a chef assistant, included preparing food and planning meals at Aurora. Gosey was the sole first shift chef assistant.

Application for Food and Nutrition Service Position

During September 2009, Aurora posted an opening for a manager of food and nutrition services.

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Bluebook (online)
975 F. Supp. 2d 961, 2013 WL 5428555, 2013 U.S. Dist. LEXIS 138366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gosey-v-aurora-medical-center-wied-2013.