Haglund v. St. Francis Episcopal Day School

8 F. Supp. 3d 860, 2014 U.S. Dist. LEXIS 40523, 2014 WL 1260386
CourtDistrict Court, S.D. Texas
DecidedMarch 25, 2014
DocketCivil Action No. H-12-1830
StatusPublished
Cited by2 cases

This text of 8 F. Supp. 3d 860 (Haglund v. St. Francis Episcopal Day School) is published on Counsel Stack Legal Research, covering District Court, S.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Haglund v. St. Francis Episcopal Day School, 8 F. Supp. 3d 860, 2014 U.S. Dist. LEXIS 40523, 2014 WL 1260386 (S.D. Tex. 2014).

Opinion

MEMORANDUM AND ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

FRANCES H. STACY, United States Magistrate Judge.

Pending in this case in which the parties have consented to proceed before the undersigned Magistrate Judge is Defendant’s Motion for Summary Judgment (Document No. 24). Having considered the motion, Plaintiffs Response (Document No. 30), Defendant’s Reply and Objections to Plaintiffs Summary Judgment Evidence (Document Nos. 32 & 33), Plaintiffs Response to Defendant’s Objections (Document No. 34), the summary judgment evidence, and the applicable law, including Gross v. FBL Financial Services, Inc., 557 U.S. 167, 129 [863]*863S.Ct. 2343, 174 L.Ed.2d 119 (2009), it is ORDERED, for the reasons set forth below, that Defendant’s Motion for Summary Judgment (Document No. 24) is GRANTED and Plaintiffs age discrimination claim under the Age Discrimination in Employment Act is DISMISSED.

I. Background

Plaintiff Linda Haglund is a teacher who has been employed by Defendant St. Francis Episcopal Day School, a private kindergarten through eighth grade school in Houston, Texas (referred to hereafter as “the School”), for 27 years. She has taught kindergarten through third grade, with the last few years of her employment with the School teaching kindergarten. Following a performance evaluation in the spring of 2011, Haglund was advised by letter dated May 6, 2011, that her contract for the following school year, 2011-2012, would not be renewed. Haglund was 63 at the time. She claims in this case that the non-renewal of her contract, referred to by her as her “termination,” was based on her age, and has asserted a claim against the School for age discrimination under the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 623(a)(1).

The School denies the non-renewal was based on Haglund’s age, and has filed a Motion for Summary Judgment. In that motion, the School argues that Haglund has no direct evidence of age discrimination, and no summary judgment evidence that raises a genuine issue of material fact on the circumstantial evidence method of proving age discrimination. In particular, the School argues that: (1) it listed several reasons in the letter dated May 6, 2011, for its decision not to renew Haglund’s contract for the 2011-2012 school year; (2) each reason is a legitimate and nondiscriminatory reason for the non-renewal; and (3) Haglund cannot show that the stated reasons are a pretext for age discrimination. In this regard, the School argues that Haglund cannot rely on evidence that may tend to show that her age was one factor in the non-renewal of her contract; she must show that her age was the “but for” cause of the non-renewal.

Haglund, in response to the School’s Motion for Summary Judgment, maintains that the Head of School’s comments that employees of the School who could not keep up with technological changes should quit or retire is direct evidence of age discrimination. She also maintains that the performance issues identified in the letter of May 6, 2011, are not true, and are controverted by the Declarations of several co-workers and parents she has submitted as summary judgment evidence. Finally, Haglund maintains that the School’s stated reasons for the non-renewal of her contract are inconsistent and contradicted in part by the deposition testimony of Dr. Susan Lair, the Head of the School.

II. Summary Judgment Standard

Rule 56(a) provides that “[t]he court shall grant summary judgment if the mov-ant shows that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.” Fed. R. Crv. P. 56(a). The moving party must initially “demonstrate the absence of a genuine issue of material fact.” Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 2553, 91 L.Ed.2d 265 (1986). Once the moving party meets its burden,1 the [864]*864burden shifts to the nonmovant, “who must, by submitting or referring to evidence, set out specific facts showing that a genuine issue exists that summary judgment should not be granted.” Id.; see also Morris v. Covan World Wide Moving, Inc., 144 F.3d 377, 380 (5th Cir.1998). A party opposing a properly supported motion for summary judgment may not rest upon mere allegations or denials in a pleading, and unsubstantiated assertions that a fact issue exists will not suffice. Celotex, 106 S.Ct. at 2548. Instead, “the nonmoving party must set forth specific facts showing the existence of a ‘genuine’ issue concerning every essential component of its case.” Morris, 144 F.3d at 380.

In considering a motion for summary judgment, all reasonable inferences to be drawn from both the evidence and undisputed facts are be viewed in the light most favorable to the nonmoving party. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986). “If the record, viewed in this light, could not lead a rational trier of fact to find” for the nonmov-ant, then summary judgment is proper. Kelley v. Price-Macemon, Inc., 992 F.2d 1408, 1413 (5th Cir.1993) (citing Matsushi-ta, 106 S.Ct. at 1351). On the other hand, if “the factfinder could reasonably find in [the nonmovant’s] favor, then summary judgment is improper.” Id. Even if the standards of Rule 56 are met, a court has discretion to deny a motion for summary judgment if it believes that “the better course would be to proceed to a full trial.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 2513, 91 L.Ed.2d 202 (1986).

In ruling on a motion for summary judgment, it is only admissible evidence that is to be considered. See Fed. R. Civ. P. 56(c)(4) (“An affidavit or declaration used to support or oppose a motion must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant or declarant is competent to testify on the matters stated.”); Broadway v. City of Montgomery, Alabama, 530 F.2d 657, 661 (5th Cir.1976) (“Evidence inadmissible at trial cannot be used to avoid summary judgment.”). Here, the School has challenged as inadmissible much of the evidence submitted by Haglund in response to its Motion for Summary Judgment. That evidence, and the School’s objections thereto, will be considered in context, below.

III. Discussion

Under the ADEA, it is “unlawful for an employer to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s age.” 29 U.S.C.

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8 F. Supp. 3d 860, 2014 U.S. Dist. LEXIS 40523, 2014 WL 1260386, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haglund-v-st-francis-episcopal-day-school-txsd-2014.