Harmon v. O'Keefe

149 F.R.D. 114, 1993 U.S. Dist. LEXIS 7761, 62 Empl. Prac. Dec. (CCH) 42,489, 1993 WL 194699
District Court, E.D. Virginia·Decided May 27, 1993·No. Civ. A. No. 2:92cv414·Published·Cited by 15 cases

Opinion

OPINION and ORDER

DOUMAR, District Judge.

This matter comes before the court on the motion of defendant, Sean O’Keefe, for sanctions against plaintiff, Cecil B. Harmon, pursuant to Federal Rule of Civil Procedure ll.1

BACKGROUND

Plaintiff, a black male, was hired by the Department of the Navy (“Navy”) on September 9, 1985, as an Electronics Engineer at the GS-5 level, and promoted to the GS-7 level in June of 1986. Plaintiffs employment with the Navy ceased on March 22, 1991. Plaintiff asserts that between 1986 and 1991 he suffered unlawful discriminatory treatment at the hands of his supervisors which caused him to file this pro se complaint June 4, 1992. The complaint, brought pursuant to 42 U.S.C. § 2000e-16(c), presents three types of claims: first, denial of promotion due to discrimination based on race, national origin, sex, and religion; second, unlawful reprisal for filing an Equal Employment Op[115] portunity Commission charge; and, third, constructive discharge.

On October 30, 1992, defendant moved this court to dismiss plaintiffs complaint. By Order of December 17, 1992, this court partially granted defendant’s motion to dismiss. In so doing, the court dismissed, plaintiffs claims of discrimination based on sex and religion and plaintiffs claim of reprisal insofar as it is based on 5 U.S.C. § 7116.2 This court refused to address the remaining issues raised by defendant’s motion to dismiss. Rather, the court converted the motion into one for summary judgment and gave both parties additional time to submit any material appropriate for consideration on a motion-for summary judgment.

By Order of January 29, 1993, this court partially granted defendant’s motion for summary judgment. Specifically, this court dismissed plaintiffs claims of constructive discharge, national origin discrimination, racially discriminatory nonpromotion in 1990, and all but one of plaintiffs claims of unlawful reprisal. Plaintiffs claim of unlawful reprisal due to denial of a compressed work schedule and claims of racially discriminatory nonpromotion in 1987, 1988, 1989 and 1991 survived the motion for summary judgment.

On February 8, 1993, this case was tried before this court sitting without a jury. Plaintiff proceeded only on his claim of racially discriminatory nonpromotion in 1987, 1988, 1989 and 1991, having withdrawn his claim of unlawful reprisal prior to presenting any evidence. At the close of plaintiffs case, defendant moved for judgment as a matter of law pursuant to Federal Rule of Civil Procedure 50(a).3 This court ruled that plaintiffs claim of discriminatory nonpromotion in 1987 was not properly before the court as plaintiff had failed to exhaust his administrative remedies concerning that claim. As to plaintiffs claims concerning 1988, 1989 and 1991, the court noted that plaintiff had failed to establish a prima facie ease of discriminatory non-promotion under Wright v. National Archives & Records Serv., 609 F.2d 702, 714 (4th Cir.1979), because there was no evidence that plaintiff was qualified for the position to which he sought promotion. Out of an abundance of caution, however, the court reserved ruling on defendant’s motion for judgment as a matter of law and required defendant to present evidence.

During the course of defendant’s case in chief it became clear that defendant had established a legitimate nondiscriminatory reason for not promoting plaintiff: plaintiff had been performing his job unsatisfactorily. Accordingly, - the court interrupted defendant’s direct examination of a witness and directed plaintiff to proceed with cross examination. The court advised plaintiff that failure to establish pretext would be fatal to his case in light of the evidence already before the court.4 After completing his cross examination of defendant’s witness, plaintiff submitted the case to the court for decision.

The court granted defendant judgment as a matter of law pursuant to Federal Rule of Civil Procedure 50(a) on all of plaintiffs surviving claims. Specifically, the court found as a matter of fact that there was no evidence indicating that plaintiff was qualified to fill the position to which he sought promotion.5 As such, plaintiff failed to establish a prima facie case of discriminatory nonpro-motion under Wright v. National Archives & Records Serv., 609 F.2d 702, 714 (4th Cir. 1979). Furthermore, the court found that plaintiff did not perform adequately in the position he held. Finally, the court found no [116] evidence of discrimination and no evidence that defendant’s stated reasons for not promoting plaintiff were pretextual.

Concluding that this case should never have been brought, the court invited defendant to seek an award of attorney’s fees against plaintiff if defendant so desired. Defendant has submitted his Application for Attorney’s Fees and supporting materials. Plaintiff has indicated his opposition to defendant’s request by filing Plaintiffs Answer to Defendant’s Application for Attorney’s Fees. Accordingly, the issue of attorney’s fees is ripe for decision.

ANALYSIS

I. Rule 11 Violation

Defendant bases his request for an award of attorney’s fees against plaintiff Cecil B. Harmon on Federal Rule of Civil Procedure II. In relevant part, Rule 11 states:

Free access — add to your briefcase to read the full text and ask questions with AI

Harmon v. O'Keefe, 149 F.R.D. 114, 1993 U.S. Dist. LEXIS 7761, 62 Empl. Prac. Dec. (CCH) 42,489, 1993 WL 194699 (E.D. Va. 1993).

149 F.R.D. 114 (Harmon v. O'Keefe) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Bui v. Smyth
E.D. Virginia, 2024
Rivers v. Wynne
W.D. Virginia, 2023
Sanford v. City of Franklin
E.D. Virginia, 2021
Gonzalez v. Vilsack
E.D. Virginia, 2021
Fedynich v. Lozano
E.D. Virginia, 2021
Sanders v. Farina
197 F. Supp. 3d 892 (E.D. Virginia, 2016)
Moore v. Southtrust Corp.
392 F. Supp. 2d 724 (E.D. Virginia, 2005)
Johnson v. Lyddane
368 F. Supp. 2d 529 (E.D. Virginia, 2005)
Myers v. America's Servicing Co.
227 F.R.D. 268 (E.D. Virginia, 2005)
Giganti v. Gen-X Strategies, Inc.
222 F.R.D. 299 (E.D. Virginia, 2004)
Kenney v. MML Investors Services., Inc.
266 F. Supp. 2d 239 (D. Massachusetts, 2003)
In Re Merriam
250 B.R. 724 (D. Colorado, 2000)
Davis v. Hudgins
896 F. Supp. 561 (E.D. Virginia, 1995)