Hughes v. Amerada Hess Corp.

187 F.R.D. 682, 1999 U.S. Dist. LEXIS 9949, 80 Fair Empl. Prac. Cas. (BNA) 1325, 1999 WL 454714
CourtDistrict Court, M.D. Florida
DecidedJune 28, 1999
DocketNo. 98-117-CIV-FTM-17D
StatusPublished
Cited by6 cases

This text of 187 F.R.D. 682 (Hughes v. Amerada Hess Corp.) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hughes v. Amerada Hess Corp., 187 F.R.D. 682, 1999 U.S. Dist. LEXIS 9949, 80 Fair Empl. Prac. Cas. (BNA) 1325, 1999 WL 454714 (M.D. Fla. 1999).

Opinion

ORDER ON MOTIONS

KOVACHEVICH, Chief Judge.

This cause is before the Court on the following:

Dkt. 14 Motion for Summary Judgment

Dkt. 15 Memorandum

Dkt. 17 Affidavit

Dkt. 18 Affidavit

Dkt. 19 Affidavit

Dkt. 20 Affidavit

Dkt. 22 Deposition

Dkt. 23 Deposition

Dkt. 24 Deposition

Dkt. 25 Continued Deposition

Dkt. 26 Deposition

Dkt. 27 Deposition

Dkt. 28 Affidavit

Dkt. 31 Affidavit

Dkt. 32 Affidavit

[684]*684Dkt. 33 Affidavit

Dkt. 34 Affidavit

Dkt. 35 Affidavit

Dkt. 36 Response

Dkt. 37 Memorandum

Dkt. 38 Affidavit

Dkt. 39 Motion to Strike

Dkt. 42 Response

BACKGROUND

Defendant hired Plaintiff as a convenience store (“C-store”) manager on or about February 1, 1990, and Plaintiff continued until her termination in late February 1997. Plaintiff was a C-store manager throughout her employment with Defendant.

Defendant’s C-store Managers are supervised by Marketing Representatives. Each Marketing Representative oversees the operations of several C-stores. Plaintiffs first Marketing Representative was Joseph Stag-nitta, who supervised Plaintiff from February 1, 1990 until approximately February 1993, when Stagnitta was assigned to supervise another set of C-stores. James Brunnell was Plaintiffs next Marketing Representative, from approximately February 1993 until Plaintiff was transferred to another C-store early in March of 1994 (from store No. 9337 to store No. 9334).

After Plaintiff was transferred, Joseph Stagnitta was her Marketing Representative again until he left employment with Defendant in approximately February, 1995. Plaintiffs next Marketing Representative was Wayne Catón, until he left employment with Defendant in approximately February, 1996. Plaintiffs final Marketing Representative was Joseph Grabowski from approximately February, 1996 until Plaintiffs termination.

Marketing Representatives report to Division Managers. Paul Brzezicki was Plaintiffs Division Manager during her last two years as Manager for C-store No. 9337, and during her first year as C-store Manager for C-store No. 9334, until approximately March, 1995. James Mills served as Plaintiffs Division Manager after Brzezicki, and throughout the remainder of Plaintiffs employment with Defendant.

Plaintiff was given three corrective action warnings by Grabowski for poor performance and violation of company policy. These corrective actions were dated June 11, 1996, July 12, 1996 and October 21, 1996, respectively. The second corrective action warning was “formal” and advised Plaintiff that her cash shortages had not improved since her June, 1996 corrective action warning, and that her projected cash shortages for July were high. The third corrective action warning was also formal and admonished Plaintiff due to her failure to follow security camera and recording system procedures. Plaintiff was evaluated by Grabowski in August, 1996.

Plaintiff alleges that Defendant limited promotional opportunities to Plaintiff by failing to provide her with training opportunities for the position of Marketing Representative. Furthermore, Plaintiff alleges that she was discouraged from applying for jobs which had traditionally been held by men, in particular, Marketing Representative.

Defendant’s representative, Joe Grabow-ski, informed Plaintiff that she was being terminated due to an approximately two thousand dollar ($2,000) shrinkage at Defendant’s C-Store No. 9334. Plaintiff alleges that other male managers suffered losses during the same time period and were not terminated. As such, Plaintiff alleges the reason given for her termination was a pretext.

Plaintiff was replaced in the interim as Store Manager of Store No. 9334 by Natalie Bennett, a female. Tammy Minko, a female, replaced Bennett as Store Manager of Store No. 9334 in mid-March 1997. The permanent replacement for Plaintiff was hired after Plaintiff filed her EEOC Charge. As such, Defendant was on notice of the sex discrimination charge pending against it.

DISCUSSION

Before the Court addresses Defendant’s Motion for Summary Judgment, the Court will consider Defendant’s Motion to Strike portions of Plaintiffs affidavit.

I. Motion to Strike

A. Standard of Review

Affidavits filed in opposition to a motion for summary Judgment which do not [685]*685comply with Federal Rule of Civil Procedure 56(e) are subject to a motion to strike. Givhan v. Electronic Engineers, Inc., 4 F.Supp.2d 1331, 1334 (M.D.Ala.1998). Federal Rule of Civil Procedure 12(f) provides “that upon motion by a party or upon the court’s initiative at any time, the court may order stricken from any pleading any ‘redundant, immaterial, impertinent, or scandalous matter.’ ” See Seibel v. Society Lease, Inc., 969 F.Supp. 713, 715 (M.D.Fla.1997).

A motion to strike will “usually be denied unless the allegations have no possible relation to the controversy and may cause prejudice to one of the parties.” See id.; Poston v. American President Lines, Ltd., 452 F.Supp. 568, 570 (S.D.Fla.1978) (citing Augustus v. Board of Public Instruction, 306 F.2d 862 (5th Cir.1962)). “Federal Rule of Civil Procedure 12(f) entitled ‘Motion to Strike’ plainly and clearly states that a motion to strike may be filed ‘upon motion by a party within 20 days after service of the pleading upon the party.’ ” Baldwin v. Northwestern Mutual Life Insurance Co., No. 92-1239-CIV-T-17B, 1994 WL 150831, at * 2 (M.D.Fla. April 14, 1994).

B. Analysis

1. Motion To Strike Entire Affidavit

Defendant contends that Plaintiffs affidavit is void and should be stricken in its entirety because Plaintiffs Affidavit does not sufficiently warrant that the statements made therein are based on Plaintiffs personal knowledge as required under Federal Rule of Civil Procedure 56(e).

In Defendant’s Motion to Strike (Dkt. 39), Defendant asserts that in the notary section of the Affidavit, Plaintiff recedes from her statement that the affidavit is based on personal knowledge by merely acknowledging that the “Affidavit w[as] answered truthfully and completely to the best of her knowledge and ability.” (Dkt. 39). Furthermore, Defendant asserts that by attesting that her Affidavit was based upon her personal knowledge and ability, Plaintiff nullified her averment that the Affidavit was based upon personal knowledge and likened her Affidavit to one based upon mere information and belief. Id.

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187 F.R.D. 682, 1999 U.S. Dist. LEXIS 9949, 80 Fair Empl. Prac. Cas. (BNA) 1325, 1999 WL 454714, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hughes-v-amerada-hess-corp-flmd-1999.