Hart v. Univ. Sys. of NH CV-94-369-SD 06/25/96 P UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEW HAMPSHIRE
Beverly Hart
v. Civil No. 94-369-SD
University System of New Hampshire; Plymouth State College
O R D E R
In this civil action, plaintiff Beverly Hart, former
department head of the Center for Women's Services at Plymouth
State College (PSC) , alleges that her employer discriminated
against her on the basis of sex by paying similarly situated male
employees a higher salary and by constructively discharging her
when she reguested that her salary and position be upgraded.
In a five-count complaint, plaintiff alleges violations of
federal discrimination law and state common law. Presently
before the court is a motion for partial summary judgment filed
by defendants University System of New Hampshire and PSC,
reguesting entry of judgment in their favor on Count II (Title IX
of the Education Amendments of 1972, 20 U.S.C. § 1681); Count IV
(retaliation in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et sea.); and Count V
(wrongful termination under state law). Plaintiff has filed an
assented-to motion to waive Counts II and V (document 12) and has
moved to amend the complaint (document 13) to reflect the removal
of these claims, among other things.1 Plaintiff has also filed
an objection limited to the issue of whether defendants are
entitled to partial summary judgment on Count IV, retaliation
under Title VII. Accordingly, the court will dedicate the
remainder of the instant order to the resolution of defendants'
motion as it relates to Count IV.
Background2
In 1982 Hart was hired to head the Center for Women's
Services ("the Women's Center"), which is a department within
PSC's Division of Student Affairs. The Women's Center's general
purpose is to address the needs of women on campus, to promote
awareness of issues relating to women, and to provide a general
support network for women faculty and students, particularly
1The court herewith grants plaintiff's motion to waive Counts II and V (document 12), without passing on the merits of defendants' motion for partial summary judgment in this respect.
2As this case comes before the court on a motion for partial summary judgment, the evidence is recited with a slant most friendly to the nonmoving party. Hart. The evidence will be supplemented when necessary in later sections of this order.
2 those experiencing the after-effects of a sexual assault. See
Deposition of Jill Jones at 15 (Exhibit C to Plaintiff's
Objection); Complaint 5 25.
Like male department heads within the division of student
affairs. Hart's responsibilities included program development,
staff supervision, and management of the department's budget.
See Deposition of Richard T. Hage (Vol. II) at 31-32 (Exhibit A-l
to Plaintiff's Objection). However, although male heads of other
departments were given the title of director. Hart was never
officially given such a title, nor did she receive a salary
commensurate with that of director. Another discrepancy is that
while the male department heads all worked at 100 percent-time.
Hart worked and was paid for, at most, 88 percent-time. See
Deposition of Diane Brandon at 37 (Exhibit D to Plaintiff's
Objection). In addition, other department heads were given
larger working budgets than Hart's, as well as greater numbers of
professional-level support staff. See Deposition of Beverly N.
Hart (Vol. II) at 94-96 (Exhibit G-2 to Plaintiff's Objection).
Hart made repeated reguests for more staffing, higher pay,
an increase in her percent-time, a larger program budget, and a
better location for the Center, which was situated in a basement
room, to her immediate supervisor, Richard Hage, Dean of Student
Affairs. See Hart Deposition (Vol. 1) at 14-16, 32-33, 46
3 (Exhibit G-l to Plaintiff's Objection); Hage Deposition (Vol. 1)
at 96, 107-08, 119-20, 144 (Exhibit A-l to Plaintiff's
Objection). Hage had the authority to institute budget,
staffing, and percent-time decisions. See Affidavit of Suz-Ann
Ring at 2 (Exhibit E to Plaintiff's Objection). However, he
denied her reguests.
Hart received an excellent work evaluation from Hage in or
about March of 1993. In a meeting held in April of that year.
Hart remarked to Hage something to the effect that "it was good
to know that all of the women in women's positions in programs
across the system were underpaid or that we were all classified
at the same low level. That was good." See Hart Deposition
(Vol. 1) at 60-61 (Exhibit G-l to Plaintiff's Objection). After
the meeting. Hart told Hage that the refusal to upgrade her
position was discriminatory. See Hart Deposition (Vol. II) at 7
(Exhibit G-2 to Plaintiff's Objection). Shortly thereafter, Hage
asked Hart to think about resigning due to what he described as
complaints he had received about her performance; Hage
subseguently reguested her resignation on May 17. See
Defendant's Memorandum in Support of Motion for Partial Summary
Judgment at 6-7; Hage Deposition at 33-34 (Exhibit A to
Defendant's Motion). Hart then spoke to Suz-Ann Ring,
Director of Personnel, who told her she could file an internal
4 complaint against Hage and receive a hearing but that she would
likely have to continue working with Hage. See Hart Deposition
at 67-68 (Exhibit C to Defendant's Motion). At the time. Hart
was aware that under PSC's personnel policies, she would have to
be placed under probation before she could be terminated. See
Hart Deposition (Vol. II) at 69-71 (Exhibit D to Defendant's
Motion). In the spring of 1993, Hage reduced the number of hours
Hart was to work from 88 percent-time to 75 percent-time.3 See
Hart Deposition (Vol. I) at 15 (Exhibit G-l to Plaintiff's
Objection); Ring Affidavit at 4. Hart subseguently submitted her
resignation, effective August 16. See Letter of Beverly N. Hart
(Exhibit B to Plaintiff's Objection).
On October 16, 1993, Hart filed a complaint with both the
New Hampshire Commission for Human Rights and the Egual
Employment Opportunity Commission (EEOC) charging that defendants
retaliated against her and discriminated against her on the basis
of sex. Complaint 5 16. The EEOC issued Hart a right-to-sue
letter on June 23, 1994. Id. 5 17. Hart filed the instant
action on July 13, 1994.
3Hart was initially hired at 83 percent-time; that is, she worked 83 percent of a normal work week and received corresponding pay. In 1986 or 1987 her percent-time increased to 88 percent. See Hart Deposition (Vol. I) at 14 (Exhibit G-l to Plaintiff's Objection).
5 Discussion
1. Summary Judgment Standard
Summary judgment is appropriate when there is no genuine
issue of material fact and the moving party is entitled to a
judgment as a matter of law. Rule 56(c), Fed. R. Civ. P.; Lehman
v. Prudential Ins. Co. of Am., 74 F.3d 323, 327 (1st Cir. 1996) .
Since the purpose of summary judgment is issue finding, not issue
determination, the court's function at this stage "'is not [] to
weigh the evidence and determine the truth of the matter but to
determine whether there is a genuine issue for trial.'" Stone &
Michaud Ins., Inc. v. Bank Five for Savings, 785 F. Supp. 1065,
1068 (D.N.H. 1992) (guoting Anderson v. Liberty Lobby, Inc., 477
U.S. 242, 249 (1986) ) .
When the non-moving party bears the burden of persuasion at
trial, to avoid summary judgment he must make a "showing
sufficient to establish the existence of [the] element[s]
essential to [his] case." Celotex Corp. v. Catrett,, 477 U.S.
317, 322-23 (1986). It is not sufficient to "'rest upon mere
allegation[s] or denials of his pleading.'" LeBlanc v. Great Am.
Ins. C o ., 6 F.3d 836, 841 (1st Cir. 1993) (guoting Anderson,
supra, 477 U.S. at 256), cert, denied, ___ U.S. ___ , 114 S. C t .
1398 (1994). Rather, to establish a trial-worthy issue, there
must be enough competent evidence "to enable a finding favorable
6 to the non-moving party." Id. at 842 (citations omitted).
In determining whether summary judgment is appropriate, the
court construes the evidence and draws all justifiable inferences
in the non-moving party's favor. Anderson, supra, 477 U.S. at
255.
2. Constructive Discharge under Title VII
The sole issue presently before the court for review
concerns plaintiff's claim that defendants discharged her in
retaliation for her exercise of rights protected by Title VII.
See 42 U.S.C. § 2000e-3(a) (providing that it is an unlawful
employment practice for an employer to discriminate against an
employee because he has opposed a practice violative of the Act).
There being no direct evidence of defendants' retaliatory
animus, the parties' respective burdens of production are
governed by the burden-shifting framework set forth in McDonnell
Douglas Corp. v. Green, 411 U.S. 792, 802-05 (1973). Fennell v.
First Step Designs, Ltd., 83 F.3d 526, ___ , 1996 WL 242333, at *9
(1st Cir. May 15, 1996). To establish a prima facie case of
retaliatory discharge under Title VII, Hart must make the
following showing: (1) she engaged in an activity protected by
Title VII; (2) she was actually or constructively discharged from
her employment; and (3) a causal connection existed between her
7 protected conduct and the discharge. Hoeppner v. Crotched
Mountain Rehabilitation Ctr., 31 F.3d 9, 14 (1st Cir. 1994);
Ramos v. Roche Prods., Inc., 936 F.2d 43, 48 (1st Cir.), cert.
denied. 502 U.S. 941 (1991); 42 U.S.C. 2000e(3)(a). If a
plaintiff makes out a prima facie showing, the burden shifts to
the defendant to articulate a legitimate, nonretaliatory reason
for its employment decision. Fennell, supra, 83 F.3d at ___,
1996 WL 242333, at *9 (citing Mesnick v. General Elec. Co., 950
F.2d 816, 822 (1st Cir. 1991), cert, denied, 504 U.S. 985
(1992)). Once defendant has done so, plaintiff regains the
burden of production and must show that defendant's proffered
reason is a pretext and that the employment action was a result
of retaliatory animus. Id. (citing St. Mary's Honor Ctr. v.
Hicks, 509 U.S. 502, 510-11 (1993)).4
Defendants presently contest the second element of
plaintiff's prima facie case; that is, they contend that the
events leading up to Hart's departure from the Women's Center do
not support that she was discharged from her position,
constructively or otherwise. To establish a claim of
4Notably, although the McDonnell Douglas framework shifts the burden of production, "[t]he ultimate burden of persuading the trier of fact that the defendant intentionally discriminated against the plaintiff remains at all times with the plaintiff." St. Mary's Honor C t ., supra, 509 U.S. at 507 (guotation omitted). constructive discharge, the evidence must support a finding that
"'the new working conditions would have been so difficult or
unpleasant that a reasonable person in the employee's shoes would
have felt compelled to resign.'" Greenberg v. Union Camp Corp.,
48 F.3d 22, 27 (1st Cir. 1995) (guoting Calhoun v. Acme Cleveland
Corp., 798 F.2d 559, 561 (1st Cir. 1986) (further guotation
omitted)); Godfrey v. Perkin-Elmer Corp., 794 F. Supp. 1179, 1186
(D.N.H. 1992). The applicable legal standard is objective,
reguiring an inguiry into the "reasonable state of mind" of the
person experiencing the new conditions. Greenberg, supra, 48
F.3d at 27 (guotation omitted). Therefore, a claim for
constructive discharge cannot hinge on an unreasonable reaction
to one's work environment. Id.; Vega, supra, 3 F.3d at 481.
A plaintiff can legitimately be said to feel compelled to
resign under a number of scenarios. A constructive discharge may
occur when an employee's resignation resulted from new conditions
that were particularly humiliating or demeaning; for example, by
exposing him or her to ridicule in front of clients. Greenberg,
supra, 48 F.2d at 27 (citing Aviles-Martinez v. Monroig, 963 F.2d
2, 6 (1st Cir. 1992)). Likewise, a demotion or a reduction in
pay are also relevant considerations. See id. (citing Goss v.
Exxon Office Sys. Co., 747 F.2d 885, 888-89 (3d Cir. 1984)). The
First Circuit has also recognized that direct or circumstantial evidence of discriminatory animus can substantiate the intoler
able nature of one's working conditions. Id. at 28 (citing Acrev
v. American Sheep Indus., 981 F.2d 1569, 1574-75 (10th Cir.
1992); Goss, supra, 747 F.2d at 888).
Viewing the evidence in a light most favorable to Hart,
plaintiff has provided adeguate evidence to support several of
the factors applicable to the guestion of whether a constructive
discharge has occurred. For example, on at least two occasions
Hart's direct supervisor, Hage, either suggested she resign or
asked for her resignation. Compare Clowes v. Allegheny Valley
Hosp., 991 F.2d 1159, 1161 (3d Cir. 1991) (finding no
constructive discharge in part because plaintiff "was never
threatened with discharge; nor did her employer ever urge or
suggest that she resign or retire"), cert, denied, ___ U.S. ,
114 S. C t . 441 (1993) with Downey v. Southern Natural Gas Co.,
649 F.2d 302 (5th Cir. 1981) (holding that genuine issue of
material fact regarding constructive discharge was created where
superior specifically advised plaintiff that he "might" be
discharged). Moreover, despite giving Hart a previous
performance evaluation of excellent, which included plaintiff's
ability to cooperate and interact with others, Hage began to
confront her with complaints about her people-skills. See Acrev,
supra, 981 F.2d at 1574 (jury's finding of constructive discharge
10 upheld in part because supervisor confronted plaintiff with list
of deficiencies in performance). Also, significantly, around
this time period, Hage reduced Hart's pay and time (from 88
percent-time to 75 percent-time).
In addition, plaintiff has provided circumstantial evidence
of discriminatory animus that is arguably adeguate to support a
finding of constructive discharge. For example, it is notable
that Hage's reguests for Hart's resignation and his reduction in
her pay and time followed shortly after Hart complained to Hage
about gender discrimination.5 See Mesnick, supra, 950 F.2d at
defendants argue that Hage's reguest for Hart's resignation was based on nondiscriminatory reasons. For example, they name several people who were having difficulties with Hart and who complained to Hage, apparently prior to his suggestion that she resign. See Defendants' Reply Memorandum at 5. The court's review of this evidence leads it to conclude that a guestion of fact has been created, especially as Hage had received complaints about at least one other individual and apparently did not take the action of suggesting that she resign. See Deposition of Diane Brandon at 54-57 (Exhibit D to Plaintiff's Objection). Furthermore, defendants argue that Hage's decision to reduce Hart's pay was nonretaliatory because one other staff member in the division, Peter Otis, had his position entirely eliminated. However, it appears that Otis's position had been considered temporary, or "patched together", from its beginning and that Otis had not held his position for as many years as had Hart. See id. at 25-26. Defendants also argue, citing Brandon's testimony, that the reduction in Hart's position was part of a college-wide budget reduction in which approximately 30 staff members and positions were cut. See id. at 23 (Exhibit 5 to Defendants' Reply Memorandum). However, although the evidence again is sketchy, it appears that the reduction in Hart's salary, which occurred in the spring of 1993, occurred some time before the college-wide reduction, which was slated for 1994. Id. Finally, it is noteworthy that these decisions remained soundly
11 828 ("temporal proximity of an employee's protected activity to
an employer's adverse action" may be circumstantial evidence of
retaliation necessary for plaintiff to survive summary judgment).
Moreover, it also may be significant that Rage's discriminatory
conduct was continuous (more than one incident). C f . Clark v.
Marsh, 665 F.2d 1168, 1174 (D.C. Cir. 1981) (single instance of
nonpromotion not sufficient to sustain claim of constructive
discharge) .6
A final, and very important, consideration is whether Hart
took reasonable measures to correct or mitigate the unfavorable
situation she was in before tendering her resignation. "Even the
victim of unlawful discrimination is expected to seek legal
redress while still employed unless actually fired, or
constructively discharged due to a 'drastic reduction in the
guality of working conditions.'" Cazzola v. Codman & Shurtleff,
Inc., 751 F.2d 53, 55 (1st Cir. 1994) (guoting Alicea Rosado v.
Garcia Santiago, 562 F.2d 114, 119-20 (1st Cir. 1977)). As the
evidence supports that Hart was constructively discharged, it
within Hage's discretion. Id. at 26-27 (Exhibit D to Plaintiff's Obj ection) .
6It also may be significant that Hart appears to have received unegual pay over a number of years. While working for years at unegual pay is not enough, by itself, to show that an employee has been constructively discharged, it nevertheless is a relevant consideration. Bourque v. Powell Electrical Mfg. Co., 617 F .2d 61, 66 (5th Cir. 1980).
12 therefore was unnecessary for her to pursue legal redress while
remaining in her job.
In a similar vein, other courts have concluded that a
constructive discharge usually has not occurred where the
employee first could have taken reasonable measures such as
following the internal grievance procedure available at the
workplace or filing a complaint with the EEOC before resigning.
See Ugalde v. W.A. McKenzie Asphalt Co., 990 F.2d 239, 243 (5th
Cir. 1993); Woodward v. City of Worland, 977 F.2d 1392, 1401-02
(10th Cir. 1992) (police dispatcher who guit after experiencing
sexual harassment was not constructively discharged since she
failed to report the incident to management), cert, denied, 509
U.S. 923 (1993). Of course, the availability of such procedures
will not nullify an employee's claim of constructive discharge if
the employee can show that following such avenue would have been
a futile exercise. See Woodward, supra, 977 F.2d at 1402 (noting
tangentially that if employee could reasonably perceive that
lodging an internal complaint would have been futile,
constructive discharge may have occurred); cf. Clowes, supra, 991
F.2d at 1161 n.6 (noting that filing an internal grievance is not
reguired in all cases). Part of the rationale behind these cases
is that "'society and the policies underlying Title VII will be
best served if, wherever possible, unlawful discrimination is
13 attacked within the context of existing employment
relationships.'" Boze v. Branstetter, 912 F.2d 801, 805 (5th
Cir. 1990) (quoting Bourque, supra note 6, 617 F.2d at 66
(citation and footnote omitted)).
Defendants' primary argument is that plaintiff's failure to
take full advantage of alternatives available to her short of
resignation such as filing an internal grievance undermines her
claim that she was constructively discharged. However, pursuing
an internal grievance procedure is not required in all cases,
especially where an employee has otherwise shown that his or her
working conditions are so intolerable that a reasonable person
would feel forced to resign. See Clowes, supra, 991 F.2d at 1161
n.6.7 Indeed, an employee's failure to take full advantage of an
employer's grievance process is ordinarily given the most weight
when the employee has otherwise not shown the elements of a
constructive discharge. See, e.g., Boze, supra, 912 F.2d at 805
(rejecting claim of constructive discharge because, inter alia,
employee did not take full advantage of grievance process and
7In Clowes, the court went on to observe that because the plaintiff's complaints exclusively pertained to the actions of one supervisor, the court would heavily weight plaintiff's failure to seek a transfer. Id. This case is arguably distinguishable. While Hart's supervisor is similarly the focus of her complaint. Hart consulted with others, such as the personnel director and the general counsel, who arguably failed to quickly remediate her situation or to offer her an adequate position to which she could transfer.
14 because employer's alleged wrongdoing--discriminatory failure to
promote--does not in and of itself result in constructive
discharge). Here, as discussed above, the other factors support
that plaintiff's work conditions were so intolerable as to compel
her to resign, and therefore it is not devastating to plaintiff's
case that she did not pursue the grievance procedure available
within her employment. Moreover, as Hart argues, there is
sufficient evidence to support that such course would have been a
futile exercise. Hart admits that at the time Hage reguested her
resignation, she was aware that PSC's personnel policies would
have entitled her to file a grievance before being terminated.
See Hart Deposition (Vol. II) at 67. The Professional,
Administrative and Technical Staff Handbook (PAT handbook) sets
forth a procedural framework, including an appeals process, to be
used by employees dissatisfied with working conditions,
reprimands, terminations, or alleged discrimination. According
to Hart, however, the option of pursuing a grievance within her
workplace would have been an exercise in futility. What follows
is a review (in a light most favorable to Hart) of the evidence
relating to the futility issue.
Although Hart's immediate supervisor. Dean Hage, asked for
her resignation, he did not follow internal guidelines applicable
to involuntary terminations such as sending her a written notice
15 of her termination, affording her with a sufficient probationary
period in which she could have had a chance to resolve
deficiencies in her performance, and providing in writing a
reason for her termination.8 See Ring Affidavit at 4 (Exhibit E
to Plaintiff's Objection); PAT Handbook. Under the PAT Handbook,
a staff member may be given such opportunity prior to receiving
notice of termination, and Personnel Director Suz-Ann Ring
specifically instructed Hage to follow such procedures, but Hage
refused. See Ring Affidavit at 4; Hage Deposition (Vol. Ill) at
40 (Exhibit A-3 to Plaintiff's Reply Memorandum). Hage had made
up his mind that Hart should not continue working in her job.
See Ring Affidavit at 4; Hage Deposition at 40.
Hart further asserts that she did in fact take steps to
resolve the dispute internally, an alternative available under
the PAT Handbook. She spoke with the personnel director, who
told her that Hage had not followed her advice to follow company
policies and not ask for Hart's resignation. Hart Deposition
(Vol. II) at 66-67. Ring informed Hart that she could write up a
8The PAT handbook provides that termination may be initiated either (1) by the employee as a voluntary resignation or (2) by the institution as an involuntary termination. In cases of involuntary termination, the personnel office must be consulted and the employee must be given 90 days' written notice of the termination, which should include the reason for the termination, the effective date of the termination, the right to use the grievance procedure, and a deadline for filing a grievance.
16 complaint about Hage and have a hearing, but that, even if she
prevailed. Hart would have to continue working with Hage. Id. at
67. In addition. Hart and her attorney met with University
System counsel. Attorney Ron Rodgers, in an attempt to resolve
her complaints about Hage, but Rodgers' response was to suggest
that she file an internal grievance. Id. at 76.
Especially in light of the above-described conduct
supporting constructive discharge, Hage's conduct, including
ignoring the termination process set out in the PAT Handbook, not
providing Hart with a probationary period, and disregarding the
direction of the personnel director to follow such process, could
reasonably have been perceived as an attempt to circumvent the
formal grievance procedures and to pressure Hart to resign.
It is also significant that, when the evidence is examined
in a light favorable to Hart, Hage's decision to terminate her
appears to have been a foregone conclusion and that the personnel
director informed Hart that even if her grievance succeeded she
would still have to work with Hage and presumably be evaluated by
him. Defendants present no evidence that, other than returning
Hart to her job, the grievance procedure could have stopped
Hage's acts of discrimination. For example, there is no evidence
that Hage would have been disciplined or removed as her
supervisor should Hart have ultimately prevailed. Thus, at least
17 arguably, the grievance process could reasonably have been
perceived by Hart as a dead-end street leading her back to Hage,
who would only have renewed his efforts to fire her or continued
with his alleged pattern of discrimination. Moreover, although
Hart did not pursue the formal internal grievance procedure, it
is significant that rather than immediately leaving upon being
asked to resign, she made some informal attempts to keep her job.
Finally, the defendants' remaining argument, that plaintiff
should have pursued alternative employment within the college
system, does not succeed in persuading the court to find as a
matter of law that no constructive discharge has taken place.
Both Hage and Ring suggested to Hart that she find another
position in the college. See Hart Deposition (Vol. II) at 29,
67-69 (Exhibit E to Defendants' Motion for Partial Summary
Judgment). However, when asked by Hart "specifically what he had
in mind," Hage made suggestions but did not indicate he actually
knew of an opening. Id. at 29. Similarly, Ring, the personnel
director, had no specific suggestions of an alternative position.
Id. at 67-68.9 Nor did she indicate that a position would be
defendants point out that plaintiff indicated to Ring that she was not interested in pursuing alternative employment within the University System; however, the court finds that this statement, when viewed in context, may have been a reasonable response to Hage's and Ring's vagueness. This creates a fact issue.
18 created for Hart. Id. at 68. Although defendants' argument
would have significantly more merit if they could show either
that they actually offered plaintiff a semi-comparable position
within the college system, cf. Alicea Rosado, supra, 562 F.2d at
119-20 (employee transferred to position with less prestige than
original position was not constructively discharged unless he was
forced to endure a drastic reduction in the guality of his
working conditions) or that such position was at least available,
evidence of suggestions or negotiations regarding the possibility
of a transfer will not suffice as a matter of law to preclude
plaintiff's claim of constructive discharge, particularly where,
as here, other factors support a constructive discharge. At
best, the guestion created is a factual one that should be
decided by the trier of fact.
The court is loath to encourage employees to avoid internal
grievance procedures set up by their employers to resolve
workplace disputes. However, in this situation, where there is
sufficient evidence supporting that (1) such course would have
been a futile exercise, (2) plaintiff's immediate supervisor did
not follow company policy and thereby impeded plaintiff's ability
to take full advantage of the process, and (3) plaintiff may have
made a good-faith effort to resolve her complaints informally,
and where, most importantly, other factors strongly indicate a
19 constructive discharge has taken place, the court finds and rules
that the issue of whether a constructive discharge has occurred
is best left to the trier of fact. Accordingly, defendants'
motion for partial summary judgment is denied.10
Conclusion
For the foregoing reasons, the court grants plaintiff's
Assented-to Motion to Waive Certain Claims (document 12) and
hereby dismisses Counts II and V. The court denies defendants'
Motion for Partial Summary Judgment (document 8) as it relates to
Count IV and denies as moot the remainder of said motion.
Plaintiff's motion to amend the complaint (document 13) is
granted, such amended complaint to be docketed as of the date of
this order.
SO ORDERED.
Shane Devine, Senior Judge United States District Court
June 25, 1996
cc: Eleanor H. MacLellan, Esg. Martha V. Gordon, Esg.
10In light of plaintiff's waiver of certain claims and the court's denial of defendants' motion for partial summary judgment, the court herewith grants plaintiff's motion to amend (document 13). Such amended complaint shall be docketed as of the date of this order.