In re ANR Advance Transportation Co.

283 B.R. 737, 2002 Bankr. LEXIS 1093, 40 Bankr. Ct. Dec. (CRR) 71, 2002 WL 31234991
CourtUnited States Bankruptcy Court, E.D. Wisconsin
DecidedAugust 28, 2002
DocketNo. 99-22155-JES
StatusPublished

This text of 283 B.R. 737 (In re ANR Advance Transportation Co.) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, E.D. Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re ANR Advance Transportation Co., 283 B.R. 737, 2002 Bankr. LEXIS 1093, 40 Bankr. Ct. Dec. (CRR) 71, 2002 WL 31234991 (Wis. 2002).

Opinion

DECISION

JAMES E. SHAPIRO, Bankruptcy Judge.

Bruce A. Lanser, chapter 7 trustee in this case (“trustee”), filed a motion for [739]*739summary judgment seeking to disallow claim no. 2248 of Charles Coleman. Coleman is a former employee of the debtor, ANR Advance Transportation Company, Inc. He filed a proof of claim in the sum of $8,750,000 for unlawful termination of employment based upon his contention of discrimination and retaliation by the debtor. This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(B).

Coleman began working for a company known as Advance Transportation Company in 1977 as a city truck driver delivering freight in and around the Chicago, Illinois area. In November of 1995, Advance Transportation Company merged with ANR Freight Systems, Inc., forming ANR Advance Transportation Company, Inc. (hereafter “debtor,” “company,” or “employer”). Coleman continued to work for the company until December 26, 1997, when he was terminated upon grounds of alleged dishonesty in connection with a work-related injury.

On or about July 29, 1997, Coleman injured his left shoulder at work. This resulted in some time lost from work. On or about October 13, 1997, Coleman, while at work, further aggravated his shoulder injury. He remained continuously absent from work until November 25, 1997, when he showed up for work and presented the company with a work-release slip obtained from his treating physician, Dr. Harvey L. Echols. The company directed Coleman to submit all of his medical records to substantiate his claim of a work-related injury and informed him that he would not be permitted to return to work until this information was first obtained. After numerous requests by the company, on December 16, 1997, Coleman finally provided Dr. Echols’ complete treatment notes. These notes revealed that Coleman was not seen or treated by Dr. Echols until November 21, 1997 — which was several weeks after Coleman first reported to Thomas J. Madigan, the company terminal manager, that he was being treated by Dr. Echols. As a result of this discrepancy, Coleman’s employment was terminated on December 26,1997.

Coleman, who is African-American, claims that he was terminated as a result of race discrimination under Title VII of the Civil Rights Act of 1964 and disability discrimination under the Americans With Disabilities Act (“ADA”). He also asserted that the company fired him in retaliation for his previous actions in filing a complaint in 1990 with the Equal Employment Opportunity Commission (“EEOC”).

The debtor disputed Coleman’s allegations as to its reasons for his termination. In its letter of discharge to Coleman dated December 26, 1997, the debtor specifically set forth that its grounds for termination were based upon Coleman’s dishonesty. The debtor contended that Coleman had repeatedly told company officials that he was being treated by Dr. Echols, but in fact, the records showed that he was not seen by Dr. Echols until November 21, 1997 — four days before Coleman presented his work-release slip. The debtor further stated that this misrepresentation, together with Coleman’s failure to cooperate in promptly providing his medical records, caused it to conclude that Coleman had been dishonest resulting in his termination from employment. The debtor denied that race discrimination, disability discrimination, or retaliation played any part in its decision to terminate Coleman’s employment.

In November of 1998, Coleman filed a civil lawsuit, No. 98-C-7599, in the United States District Court for the Northern District of Illinois, Eastern District, against the debtor and against Coastal [740]*740Corporation.1 This civil suit was filed before the debtor’s bankruptcy. The involuntary petition in bankruptcy against the debtor was filed on February 2, 1999 by certain creditors in the United States Bankruptcy Court in Delaware. On March 3, 1999, the Delaware bankruptcy court entered an order for relief under chapter 7 and ordered venue of this case to be transferred to the United States Bankruptcy Court for the Eastern District of Wisconsin, where it is now pending.

Under Rule 56 of the Federal Rules of Civil Procedure, made applicable to adversary proceedings by Rule 7056 of. the Federal Rules of Bankruptcy Procedure, summary judgment is appropriate where the pleadings and affidavits establish that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. See Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247, 106 S.Ct. 2505, 2509-10, 91 L.Ed.2d 202 (1986).

The policy of the summary judgment procedure is to dispose of factually unsupported claims or defenses, to serve judicial economy, and to avoid unnecessary litigation. Cloutier v. U.S., 19 Cl.Ct. 326 (1990); Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). Rule 56(e) of the Federal Rules of Civil Procedure states, in part:

When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of the adverse party’s pleading, but the adverse party’s response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial. If the adverse party does not so respond, summary judgment, if appropriate, shall be entered against the adverse party.

Unquestionably, there is bad blood between Coleman and his former employer which has existed over a long period of time. Coleman’s employment with the company was terminated on at least seven different occasions before this latest termination on December 26,1997. The circumstances as to his reinstatement after each of the prior terminations are absent from the record. In any event, Coleman insists that the real reason for his latest termination on December 26, 1997 was discrimination and retaliation. Coleman, however, failed to provide any affidavits or other documents to support these allegations. The trustee, on the other hand, provided persuasive affidavits — in particular, that of Thomas J. Madigan, the former terminal managér for the debtor at the Bedford Park, Illinois terminal where Coleman had been working — which refute the allegations contained in Coleman’s proof of claim. Coleman only presents mere suspicions, and mere suspicions are not sufficient to withstand a motion for summary judgment. As noted in In re Hensley, 201 B.R. 494, 499 (Bankr.S.D.Ohio 1996):

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
283 B.R. 737, 2002 Bankr. LEXIS 1093, 40 Bankr. Ct. Dec. (CRR) 71, 2002 WL 31234991, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-anr-advance-transportation-co-wieb-2002.