Hansbrough v. Titlemax of Tennessee, Inc.

977 F. Supp. 2d 859, 2013 WL 4782441, 2013 U.S. Dist. LEXIS 127322, 120 Fair Empl. Prac. Cas. (BNA) 783
CourtDistrict Court, W.D. Tennessee
DecidedSeptember 6, 2013
DocketNo. 12-2746-STA-tmp
StatusPublished
Cited by1 cases

This text of 977 F. Supp. 2d 859 (Hansbrough v. Titlemax of Tennessee, Inc.) is published on Counsel Stack Legal Research, covering District Court, W.D. Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hansbrough v. Titlemax of Tennessee, Inc., 977 F. Supp. 2d 859, 2013 WL 4782441, 2013 U.S. Dist. LEXIS 127322, 120 Fair Empl. Prac. Cas. (BNA) 783 (W.D. Tenn. 2013).

Opinion

[862]*862ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION ON PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

S. THOMAS ANDERSON, District Judge.

Before the Court are Plaintiff Sharon Hansbrough’s (“Plaintiff’) Objections to the Magistrate Judge’s Report and Recommendation on Defendant Titlemax of Tennessee’s (“Defendant”) Motion for Judgment on the Pleadings.1 (D.E. # 30). On July 19, 2013, Magistrate Judge Pham issued a report and recommendation that Defendant’s Motion for Summary Judgment be granted. (D.E. # 29). Plaintiff filed timely objections to the Magistrate Judge’s report on August 5, 2013. For the following reasons, the Magistrate Judge’s Report is ADOPTED.

Federal Rule of Civil Procedure 72(b)(2) states “Within 14 days after being served with a copy of the recommended disposition, a party may serve and file specific written objections to the proposed findings and recommendations.”2 A general objection to a report is insufficient and has the same effect as a failure to object.3 When a party fails to object to a magistrate judge’s report, she waives her right to appeal.4

Plaintiff fails to identify any specific objection to the Magistrate Judge’s Report. Rather, Plaintiff merely reasserts facts already alleged in her pleadings and briefing. Plaintiff also attempts to explain deficiencies in the record cited by the Magistrate Judge by providing additional evidence. However, because this evidence was not before the Court on Defendant’s Motion for Summary Judgment, the Court cannot now consider it. Beyond this reiteration of her allegations and an assertion in her belief that she has provided adequate documentation, Plaintiff presents no objections to anything in the Magistrate Judge’s report.

Because Plaintiff has failed to make any specific objections to the Magistrate Judge’s Report and Recommendation, any objections are waived and the Court hereby ADOPTS the Report and Recommendation.

IT IS SO ORDERED.

REPORT AND RECOMMENDATION

TU M. PHAM, United States Magistrate Judge.

Before the court by order of reference is defendant TitleMax of Tennessee, Inc.’s (“TitleMax”) Motion for Judgment on the Pleadings or, in the Alternative, Summary Judgment, filed on February 6, 2013. (ECF No. 19.) Plaintiff Sharon Hansbrough, pro se, filed a response in opposition to the motion on February 22, 2013. TitleMax filed a reply on March 5, 2013. For the following reasons, the court ree[863]*863ommends that TitleMax’s motion be granted.

I. PROPOSED FINDINGS OF FACT A. Undisputed Facts

Unless otherwise noted, the following facts are undisputed. This case arises from Sharon Hansbrough’s allegations that her former employer, TitleMax, discriminated against her on the basis of her age, by denying her promotions and ultimately terminating her employment. (Am. Compl., ECF No. 13.) Hansbrough was hired by TitleMax on June 2, 2010, as a Customer Service Representative. (Def.’s Statement of Facts (“DSOF”) ¶ 1, ECF No. 19; Pl.’s Rebuttal to Defendant’s Statement of Facts (“PSOF”) ¶ 1, ECF No. 20.) She was 40 years old at the time of her hire. (DSOF ¶ 6; PSOF ¶ 6.) The hiring manager at the time was District Manager Tommy Brown, who was 46 years old, and Hansbrough’s immediate supervisor was Cheryl Rogers, who was 44 years old. (DSOF ¶ 3; PSOF ¶ 3.)

At around the start of her employment, Hansbrough expressed to Brown an interest in becoming an Assistant Manager. (Am. Compl. ¶ 10; First Brown Decl. ¶ 3, ECF No. 19-3.) However, during the course of her employment, Hansbrough was never promoted to Assistant Manager. (DSOF ¶ 10-15; PSOF ¶ 13.) By December 1, 2010, Hansbrough had seven absences. (DSOF ¶ 15; PSOF ¶ 12.) Brown was aware of Hansbrough’s interest in promotion, but advised her that because of her attendance issues “there was no way that she would be considered for promotion.” (First Brown Decl. ¶ 3, ECF No. 19-3, Ex. 2.) According to Brown, “[t]here is virtually no possibility that a new employee with a similar pattern of absences and tardiness would be promoted soon after being hired.” (Id. ¶ 6.) On January 14, 2011, Hansbrough was placed on a Final Corrective Action Notice/Improvement Plan (“Corrective Action Plan”) due to multiple occasions of absenteeism. (DSOF ¶ 11; PSOF ¶ 10.) A document submitted by TitleMax, titled “Summary Record of Sharon Hansbrough’s Absences,” which summarizes Hansbrough’s employment history and absences, indicates that Hansbrough was also placed on the Corrective Action Plan for “unacceptable conduct.” (ECF No. 19-3, Ex. 2 & A.) An employee who is placed on a Corrective Action Plan may not apply for a promotion. (DSOF ¶ 12; PSOF ¶ 10.) On or about February 25, 2011, Hansbrough was terminated. (DSOF ¶ 16; PSOF ¶ 13.) According to TitleMax, Hansbrough was terminated for “unacceptable conduct” because she allowed a customer to take out two title loans simultaneously, in violation of both company policy and Tennessee law. (DSOF ¶ 16.) Hansbrough claims, however, that she never allowed a customer to take out two loans simultaneously, and that she was fired for her attendance issues.1 (PSOF ¶ 13.) Brown states in his declaration that “[t]here are no employees under me who have committed similar offenses in such a sequence without being terminated.” (First Brown Decl. ¶ 5, ECF No. 19-3, Ex. 2.)

B. Allegations in the Complaint

In her amended complaint, Hansbrough claims that TitleMax discriminated against her based on her age in two ways: (1) by denying her three promotions to the position of Assistant Manager, and (2) by terminating her employment for her attend[864]*864anee issues.2 According to the amended complaint, Hansbrough was informed by Brown at the start of her employment that she could apply for an Assistant Manager position when one became available. (Am. Compl. ¶ 10.) She was also advised by Brown that tenure with the company was not a factor when being promoted to an Assistant Manager position. (Id.) On August 26, 2010, an Assistant Manager position became available. (Id.) She was advised by Brown, via email, that in order to apply for the position, she would have to email him of her interest in the position. (Id.) When she emailed him as instructed, however, she claims that she received no response. (Id.) An employee named Roxanne Glass, who was 26 years old, was promoted to that Assistant Manager position. (Id.) In December 2010, another Assistant Manager position became available. (Id.) Hansbrough again emailed Brown indicating her interest in the position, but received no response. (Id.) An employee named Brian Harris, who was between 30 and 33 years old, was hired for the December Assistant Manager position. (Id.) When another Assistant Manager position opened up in January 2011, she again emailed Brown to let him know that she was interested in the position. (Id.) Hansbrough received no response from Brown, and on February 5, 2011, Vishanna Rogers, who was 35 years old, was given the position. (Id.) Hansbrough claims that she “was not even considered] or interviewed” for any of the three aforementioned Assistant Manager positions. (Id.)

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977 F. Supp. 2d 859, 2013 WL 4782441, 2013 U.S. Dist. LEXIS 127322, 120 Fair Empl. Prac. Cas. (BNA) 783, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hansbrough-v-titlemax-of-tennessee-inc-tnwd-2013.