Imhof v. Metropolitan Life Insurance

858 F. Supp. 91, 1994 U.S. Dist. LEXIS 9435, 66 Fair Empl. Prac. Cas. (BNA) 595, 1994 WL 364583
CourtDistrict Court, E.D. Michigan
DecidedJuly 1, 1994
DocketCiv. A. No. 92-77360
StatusPublished

This text of 858 F. Supp. 91 (Imhof v. Metropolitan Life Insurance) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Imhof v. Metropolitan Life Insurance, 858 F. Supp. 91, 1994 U.S. Dist. LEXIS 9435, 66 Fair Empl. Prac. Cas. (BNA) 595, 1994 WL 364583 (E.D. Mich. 1994).

Opinion

MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

GADOLA, District Judge.

Plaintiff Kenneth Imhof is seeking recovery of damages from defendant Metropolitan Life Insurance Company (“Metropolitan”) under Michigan’s Elliott-Larsen Civil Rights Act, Mieh.Comp.Laws.Ann. §§ 37.2102-37.-2804, and common law promissory estoppel based upon the alleged wrongful denial of a promotion.1 Plaintiff alleges that defendant promoted four women over him as a result of reverse sex discrimination. Before the court is Metropolitan’s motion for summary judgment on both claims. Because plaintiff has admitted that his estoppel count lacks merit, the court will only address his state civil rights claim. For the reasons discussed below, the court will grant Metropolitan’s motion.

I. Background

Plaintiff is a thirty-eight year old white male who has been employed by Metropolitan for approximately twenty years. In November 1989, plaintiff was a senior management consultant with Metropolitan’s operational analyses division in New York. In May 1990, plaintiff agreed to relocate to the Detroit office. At that time, the Detroit office was run by a director and two consulting managers. The two consulting managers were Bob Rinaldi and Eileen Mullaly. Plaintiffs position was one step below that of the consulting managers.

In July 1991, Metropolitan restructured its Detroit office to eliminate the director’s position and increase the number of consulting managers to four. Because Rinaldi and Mul-laly left their positions during the restructuring, four consulting manager positions opened up for application. Plaintiff and fourteen other employees applied for the four positions. The applicants included nine women and six men.

In September 1991, Metropolitan made its decision. Plaintiff was not selected for one of the positions of consulting manager. Instead, four of the female applicants received offers. Metropolitan alleges that the female applicants received the offers because they were more qualified. In addition, it alleges that plaintiff had problems with teamwork and appeared unwilling to travel as much as was required of a consulting manager. [93]*93Plaintiff never explicitly claims that he was more qualified for the position than the four women, but he does point to the fact that he was ranked higher in terms of seniority and position.

Following the news of the denial of his promotion, plaintiff became so “upset and hit hard” that he stayed home from work for one week. He then returned to work for three months to finish up pending assignments that did not involve contact with the four new consulting managers. In January 1992, plaintiff again left work until August 1992, first exhausting his vacation time and then complaining of depression. However, plaintiff never qualified for disability status. After his extended absence, Metropolitan allowed plaintiff to return to work.

II. Standard of Review

Under Rule 56(c) of the Federal Rules of Civil Procedure, summary judgment may be granted “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” “A fact is ‘material’ and precludes grant of summary judgment if proof of that fact would have [the] effect of establishing or refuting one of the essential elements of the cause of action or defense asserted by the parties, and would necessarily affect [the] application of appropriate principle^] of law to the rights and obligations of the parties.” Kendall v. Hoover Co., 751 F.2d 171, 174 (6th Cir.1984) (citation omitted) (quoting Black’s Law Dictionary 881 (6th ed.1979)). The court must view the evidence in a light most favorable to the nonmovant as well as draw all reasonable inferences in the nonmovant’s favor. See United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S.Ct. 993, 993, 8 L.Ed.2d 176 (1962); Bender v. Southland Corp., 749 F.2d 1205, 1210-11 (6th Cir.1984).

The movant bears the burden of demonstrating the absence of all genuine issues of material fact. See Gregg v. Allen-Bradley Co., 801 F.2d 859, 861 (6th Cir.1986). The initial burden on the movant is not as formidable as some decisions have indicated. The moving party need not produce evidence showing the absence of a genuine issue of material fact. Rather, “the burden on the moving party may be discharged by ‘showing’ — that is, pointing out to the district court — that there is an absence of evidence to support the nonmoving party’s case.” Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 2554, 91 L.Ed.2d 265 (1986). Once the moving party discharges that burden, the burden shifts to the nonmoving party to set forth specific facts showing a genuine triable issue. Fed.R.Civ.P. 56(e); Gregg, 801 F.2d at 861.

To create a genuine issue of material fact, however, the nonmovant must- do more than present some evidence on a disputed issue. As the United States Supreme Court stated in Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249-50, 106 S.Ct. 2505, 2511, 91 L.Ed.2d 202 (1986),

There is no issue for trial unless there is sufficient evidence favoring the nonmoving party for a jury to return a verdict for that party. If the [nonmovant’s] evidence is merely colorable, or is not significantly probative, summary judgment may be granted.

(Citations omitted). See Catrett, 477 U.S. at 322-23, 106 S.Ct. at 2552-53; Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586-87, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986). The standard for summary judgment mirrors the standard for a directed verdict under Fed.R.Civ.P. 50(a). Anderson, 477 U.S. at 250, 106 S.Ct. at 2511. Consequently, a nonmovant must do more than raise some doubt as to the existence of a fact; the nonmovant must produce evidence that would be sufficient to require submission to the jury of the dispute over the fact. Lucas v. Leaseway Multi Transp. Serv., Inc., 738 F.Supp. 214, 217 (E.D.Mich.1990), aff'd, 929 F.2d 701 (6th Cir.1991). The evidence itself need not be the sort admissible at trial. Ashbrook v. Block, 917 F.2d 918, 921 (6th Cir.1990). However, the evidence must be more than the nonmovant’s own pleadings and affidavits. Id.

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

Related

United States v. Diebold, Inc.
369 U.S. 654 (Supreme Court, 1962)
McDonnell Douglas Corp. v. Green
411 U.S. 792 (Supreme Court, 1973)
Texas Department of Community Affairs v. Burdine
450 U.S. 248 (Supreme Court, 1981)
Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (Supreme Court, 1986)
Ovall Dale Kendall v. The Hoover Company
751 F.2d 171 (Sixth Circuit, 1984)
Jenkins v. Southeastern Michigan Chapter, American Red Cross
369 N.W.2d 223 (Michigan Court of Appeals, 1985)
Farmington Education Ass'n v. Farmington School District
351 N.W.2d 242 (Michigan Court of Appeals, 1984)
Storch v. Beacon Hotel Corp.
788 F. Supp. 960 (E.D. Michigan, 1992)
Slayton v. Michigan Host, Inc
376 N.W.2d 664 (Michigan Court of Appeals, 1985)
Civil Rights Commission v. Chrysler Corp.
263 N.W.2d 376 (Michigan Court of Appeals, 1977)
Lucas v. Leaseway Multi Transportation Service, Inc.
738 F. Supp. 214 (E.D. Michigan, 1990)
Dubey v. Stroh Brewery Co.
462 N.W.2d 758 (Michigan Court of Appeals, 1990)
Rivette v. United States Postal Service
625 F. Supp. 768 (E.D. Michigan, 1986)
State Employees Ass'n v. Department of Management & Budget
428 Mich. 104 (Michigan Supreme Court, 1987)
Murray v. Thistledown Racing Club, Inc.
770 F.2d 63 (Sixth Circuit, 1985)
Ashbrook v. Block
917 F.2d 918 (Sixth Circuit, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
858 F. Supp. 91, 1994 U.S. Dist. LEXIS 9435, 66 Fair Empl. Prac. Cas. (BNA) 595, 1994 WL 364583, Counsel Stack Legal Research, https://law.counselstack.com/opinion/imhof-v-metropolitan-life-insurance-mied-1994.