Hart v. Opaa! Food Management, Inc.

244 F. Supp. 3d 969, 2017 U.S. Dist. LEXIS 43115
CourtDistrict Court, W.D. Missouri
DecidedMarch 24, 2017
DocketNo. 15-6159-CV-SJ-FJG
StatusPublished
Cited by1 cases

This text of 244 F. Supp. 3d 969 (Hart v. Opaa! Food Management, Inc.) is published on Counsel Stack Legal Research, covering District Court, W.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hart v. Opaa! Food Management, Inc., 244 F. Supp. 3d 969, 2017 U.S. Dist. LEXIS 43115 (W.D. Mo. 2017).

Opinion

ORDER

Fernando J. Gaitan, Jr., United States District Judge

Currently pending before the Court is Defendant Opaa! Food Management, Inc, (“Opaal’s”) Motion for Summary Judgment (Doc. #27), and Plaintiffs Motion to Allow Time for Discovery Under Rule 56(d) (Doc.# 33).

I. BACKGROUND

Defendant Opaa! submitted a statement of uncontroverted facts in support of its Motion for Summary Judgment. In plaintiffs Memorandum in Support of Motion to Allow Time for Discovery and in Opposition to Opaa!’s Summary Judgment motion, plaintiff does not controvert any of the facts cited by Opaa!x or offer any additional facts. Accordingly, the Court will rely on the facts cited in Opaa!’s motion.

Plaintiff began employment with the St. Joseph School District in 1999. In 1999, plaintiff was a kitchen manager for an elementary school cafeteria. In this role, plaintiff managed' the operations of the cafeteria and the staff. For most of plaintiffs tenure, her direct supervisor was the School District’s Nutrition Department Supervisor. However, since the beginning of the 2013-2014 school year, that position had been vacant. In late October 2013 and early November 2013, Opaa! entered into a contract with the School District to provide services related to the management of the District’s cafeterias and food service operations. After Opaa! began working with the District, Tonya McCrea was appointed as Opaai’s Director of Nutritional Services, and became plaintiffs direct supervisor. On September 23, 2013, the school principal sent an email to plaintiff regarding concerns she had about kitchen operations, including complaints made by parents and referencing prior complaints. On September 30, 2013, the principal sent another email to plaintiff regarding a complaint from a parent that a cafeteria worker had taken food away from her child; On December 6, 2013, the principal sent another email to plaintiff, copying Ms. McCrea, complaining about how dirty the lunchroom tables were. On February 24, 2014, Ms. McCrea emailed the principal regarding concerns related to plaintiffs attendance, the frequency of her leaving the building to go to her car and indicating that she intended to take written disciplinary action regarding these issues. Oil March 17, 2014, plaintiff left work for a doctor’s appointment without requesting leave or reporting her need to leave, in violation of policy. On March 18, 2014, plaintiff was issued a written disciplinary notice due to her excessive absences, On August 18, 2014, Ms. McCrea emailed plaintiff a written follow up to a conversation that had occurred that morning regarding a number of concerns with plaintiffs kitchen. Some of the concerns related to fruit being served with stickers on it, employees not wearing hairnets, clothing violations and failure of a.team member to attend a required meeting. On August 22, 2014, plaintiff was presented with and signed a Performance Improvement Plan. The plan indicated that plaintiff needed to improve her performance in managerial tasks, ability to manage her staff and her attendance. During the meeting, plaintiff informed Ms. McCrea that she would be absent on the next business day, August 25, 2014 for a doctor’s visit that she had previously known about. Employees were required pursuant to Opaa! and District policy to provide seven days’ notice for non-emergency medical appointments. On August 24, 2014, the principal and Ms. [972]*972McCrea spoke to plaintiff regarding missing money that had been sent in for a child’s lunch, but was not deposited for that purpose. On August 25, 2014, plaintiff was issued a written warning for violation of district and Opaa! policy regarding the missing money. On September 12, 2014, an employee in plaintiffs kitchen, approached the assistant director of nutrition regarding plaintiffs treatment of her. The employee was quite upset and expressed dissatisfaction with plaintiffs management, including inconsistencies in instructions given by plaintiff. On September 17, 2014, plaintiff failed to properly complete her inventory for milk, bread and produce. This resulted in another written disciplinary action which mentioned plaintiffs previous problems with conducting inventory. On September 18, 2014, Ms. McCrea, the principal, and district administration employees participated in an email exchange regarding plaintiffs ongoing performance problems, noting that just that morning the cafeteria had run out of a breakfast item. On September 18, 2014, Ms. McCrea, the assistant director of nutrition and the principal met with plaintiff and informed her that she was being demoted from kitchen manager to a “line” staff employee and that her pay was being decreased. Plaintiff was transferred to a high school so that she would not have to work with her prior subordinates at the elementary school. Plaintiff worked at the high school cafeteria for approximately two weeks when she took a leave of absence for medical treatment. After returning only very briefly, plaintiff resigned her position with the district on November 3, 2014.

Plaintiff in her resignation letter stated that she had been treated unfairly since Opaa! came to the District and that Ms. McCrea “had it out for her.” The resignation letter did not mention age or allege that she had been treated badly because of her age. When questioned as to why Ms. McCrea had it out for her, plaintiff testified, “I don’t know if it was my age, if she wanted younger people in there, if she wanted people to—I don’t know exactly why. If she just didn’t like me personally. I wasn’t sure. I just felt that way, that she just didn’t get along with me for some reason.” Plaintiff testified that she believed that her replacement, was approximately thirty-six years of age. Plaintiff was forty-five years of age at the time of her resignation. Plaintiff alleged that there were five other employees who were demoted or terminated and replaced by younger employees. However, plaintiff did not know why any of the five women were demoted and that it was “just [her] opinion” that they were demoted because of their age. Plaintiff could only provide first and last names of two employees allegedly demoted and replaced by younger employees. Plaintiff provided only the first names and schools worked at for the other three employees.

Plaintiff testified that at the time of her resignation, her working conditions were not intolerable. Plaintiff testified that she had no evidence, documents or statements or information of any sort that could support her belief that age was a factor in her demotion. Plaintiff testified that no district employee or Opaa! employee ever told her that she was demoted because of her age nor did anyone ever mention her age in any way.

II. STANDARD

A moving party is entitled to summary judgment on a claim only if there is a showing that “there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(c). “[T]he substantive law will identify which facts are material. Only disputes over facts that might affect the outcome of the suit under the governing law will properly preclude the [973]*973entry of summary judgment.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

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Cite This Page — Counsel Stack

Bluebook (online)
244 F. Supp. 3d 969, 2017 U.S. Dist. LEXIS 43115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hart-v-opaa-food-management-inc-mowd-2017.