Jenkins v. Wright & Ferguson Funeral Home

215 F.R.D. 518, 2003 U.S. Dist. LEXIS 9046, 92 Fair Empl. Prac. Cas. (BNA) 44, 2003 WL 21294140
CourtDistrict Court, S.D. Mississippi
DecidedMay 29, 2003
DocketCiv.A. No. 3:02CV1613BN
StatusPublished
Cited by8 cases

This text of 215 F.R.D. 518 (Jenkins v. Wright & Ferguson Funeral Home) is published on Counsel Stack Legal Research, covering District Court, S.D. Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jenkins v. Wright & Ferguson Funeral Home, 215 F.R.D. 518, 2003 U.S. Dist. LEXIS 9046, 92 Fair Empl. Prac. Cas. (BNA) 44, 2003 WL 21294140 (S.D. Miss. 2003).

Opinion

OPINION AND ORDER

BARBOUR, District Judge.

This cause is before the Court on the Motion of Defendants (hereinafter collectively referenced as “Wright & Ferguson”) to Dismiss for Lack of Standing and Pursuant to Rule 12(b)(6), Federal Rules of Civil Procedure.1 Having considered the Motion, the Response, the Rebuttal and all attachments to each, as well as supporting and opposing authority, the Court finds that the Motion is not well taken and should be denied.

[520]*520I. Factual Background and Procedural History2

This cause of action arises out of alleged sexual discrimination by Wright & Ferguson in the employment process. Plaintiff Jenkins worked for Defendant Wright & Ferguson from January 2001, through July 2002.3 Jenkins alleges that she was not compensated in parity with similarly situated male employees at Wright & Ferguson. She initially pursued her grievance by filing of a Charge of Discrimination with the Equal Employment Opportunity Commission (hereinafter “EEOC”). On July 10, 2002, the EEOC rendered a Determination that stated:

I have determined that the evidence obtained in the investigation establishes reasonable cause to believe that Charging Party was discriminated against in violation of Title VII of the Civil Rights Act of 1964, as amended, in that she was demoted and paid less than similarly situated male employees.

On October 7, 2002, the EEOC issued Jenkins a Notice of Right to Sue, which allowed her to file a discrimination lawsuit within ninety days of receipt of the Notice. Jenkins timely filed the subject suit with this Court on October 23, 2002. She filed her First Amended Complaint on November 13, 2002. The claims alleged in the First Amended Complaint are:

Count 1: Sex discrimination in violation of Title VII of the Civil Rights Act of 1964;
Count 2: Violation of the Equal Pay Act; Count 3: Breach of contract;
Count 4: Intentional interference with business relations;
Count 5: Intentional/negligent infliction of emotional distress; and
Count 6: Fraudulent misrepresentation.

Jenkins seeks compensatory damages totaling $3,000,000, and $5,000,000 of punitive damages.

After Jenkins filed the subject suit, she filed a Voluntary Petition in Bankruptcy under Chapter 7. The Petition was filed on December 23, 2002, in the United States Bankruptcy Court for the Southern District of Mississippi, and was assigned Case No. 02-07403 JEE. Jenkins initially failed to disclose the existence of this cause of action to the Bankruptcy Court, as required by 11 U.S.C. § 521. After the subject Motion was filed by Wright & Ferguson, Jenkins had Eileen Shaffer, the Bankruptcy Trustee for the subject bankruptcy estate, execute a Ratification Agreement. In the Ratification Agreement, Shaffer states that she “hereby ratifies the commencement of the action filed by Cynthia Jenkins herein and agrees to be bound by any judgment entered or settlement obtained by the Plaintiff____” Shaffer also states in the Ratification Agreement that “she will not seek additional recovery from [the named Defendants] arising out of events or claims made herein in any other lawsuit or any other judicial, arbitration or administrative proceeding.”

Wright & Ferguson filed the subject Motion on March 18, 2003. In the Motion, Wright & Ferguson argues that the Bankruptcy Trustee, Shaffer, is the only real party in interest with regard to Jenkins’ claims. Therefore, Wright & Ferguson concludes that the suit must be dismissed because Jenkins lacks standing to pursue the claims. The Motion is now ripe for consideration by the Court.

II. Summary Judgment Standard

Rule 56 of the Federal Rules of Civil Procedure provides, in relevant part, that summary judgment “shall be rendered forthwith 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 a judgment as a matter of law.” Fed.R.Civ.P. 56(e). The United States Supreme Court has held that this language “mandates the entry [521]*521of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a sufficient showing to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial.” Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); see also, Moore v. Mississippi Valley State Univ., 871 F.2d 545, 549 (5th Cir.1989); Washington v. Armstrong World Indus., 839 F.2d 1121, 1122 (5th Cir.1988).

The party moving for summary judgment bears the initial responsibility of informing the district court of the basis for its motion and identifying those portions of the record in the case which it believes demonstrate the absence of a genuine issue of material fact. Celotex, 477 U.S. at 323, 106 S.Ct. 2548. The movant need not, however, support the motion with materials that negate the opponent’s claim. Id. As to issues on which the non-moving party has the burden of proof at trial, the moving party need only point to portions of the record that demonstrate an absence of evidence to support the non-moving party’s claim. Id. at 323-24, 106 S.Ct. 2548. The non-moving party must then go beyond the pleadings and designate “specific facts showing that there is a genuine issue for trial.” Id. at 324, 106 S.Ct. 2548.

Summary judgment can be granted only if everything in the record demonstrates that no genuine issue of material fact exists. It is improper for the district court to “resolve factual disputes by weighing conflicting evidence, ... since it is the province of the jury to assess the probative value of the evidence.” Kennett-Murray Corp. v. Bone, 622 F.2d 887, 892 (5th Cir.1980). Summary judgment is also improper where the court merely believes it unlikely that the non-moving party will prevail at trial. National Screen Serv. Corp. v. Poster Exchange, Inc., 305 F.2d 647, 651 (5th Cir.1962).

III. Analysis

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

Related

RIVERBEND UTILITIES, INC. v. Brennan
68 So. 3d 59 (Mississippi Supreme Court, 2011)
Preston v. Kindred Hospitals West, L.L.C.
249 P.3d 771 (Arizona Supreme Court, 2011)
Preston v. Kindred Hospitals West, L.L.C.
236 P.3d 450 (Court of Appeals of Arizona, 2010)
Kirk v. Pope
973 So. 2d 981 (Mississippi Supreme Court, 2007)
Mike Kirk v. Randy Pope
Mississippi Supreme Court, 2005
Barber v. Westbay (In Re Integrated Agri, Inc.)
313 B.R. 419 (C.D. Illinois, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
215 F.R.D. 518, 2003 U.S. Dist. LEXIS 9046, 92 Fair Empl. Prac. Cas. (BNA) 44, 2003 WL 21294140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jenkins-v-wright-ferguson-funeral-home-mssd-2003.