Jett v. American National Red Cross

3 F. Supp. 3d 695, 2014 U.S. Dist. LEXIS 31933, 2014 WL 972141
CourtDistrict Court, S.D. Ohio
DecidedMarch 12, 2014
DocketCase No. 1:11-cv-586-HJW
StatusPublished

This text of 3 F. Supp. 3d 695 (Jett v. American National Red Cross) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jett v. American National Red Cross, 3 F. Supp. 3d 695, 2014 U.S. Dist. LEXIS 31933, 2014 WL 972141 (S.D. Ohio 2014).

Opinion

ORDER

HERMAN J. WEBER, Senior District Judge.

In three separate motions, the defendant moves for judgment on the pleadings, for summary judgment, and to strike plaintiffs demands for punitive and compensatory damages and for jury trial (doc. nos. 43-35). Plaintiff opposes all three motions. For the two dispositive motions, National has submitted proposed findings of fact and conclusions of law (doc. nos. 43-5, 45-17), which plaintiff has highlighted as true, false, or irrelevant (doc. nos. 49-12, 61).1 Having fully considered the record, including the pleadings, briefs, exhibits, proposed findings, and applicable authority, the Court will grant the motion for summary judgment, and deny the other two motions, for the following reasons:

I. Background

Plaintiff was employed in Ohio as an administrative assistant by the Cincinnati Area Chapter of the American Red Cross. She worked there for over 30 years. In 2008-2009, the American National Red Cross (“National”) and the Cincinnati Chapter (“Chapter”) experienced financial difficulties, including a substantial budget deficit and underfunding of pension obligations. After considering various alternatives for nearly a year, Chapter implemented a reduction in force (“RIF”). On [700]*700August 16, 2010, Chapter discharged plaintiff (age 50) and two other employees (ages 39 and 43) (doc. no. 49-12, ¶ 3). Chapter merged several positions into one and added some new duties. This “merged” position was subsequently posted on the website Careerbuilder.com. Plaintiff applied for the job, but did not receive an interview.

On December 23, 2010, plaintiff filed a charge of age discrimination with the Equal Employment Opportunity Commission (“EEOC”). She listed her employer as the “American Red Cross,” but listed the address of the Cincinnati Chapter (doc. no. 43-3, EEOC Charge). She specifically elected not to have her charge dual-filed with the Ohio Civil Rights Commission (“OCRC”).2 The EEOC mailed her a “Dismissal and Notice of Suit Rights” on May 23, 2011 (doc. no. 6-2 at 33-34).

On August 12, 2011, plaintiff filed a three-count federal complaint, alleging that National had: 1) discriminated against her on the basis of age in violation of the Kentucky Civil Rights Act (“KCRA”), at K.R.S. § 344.040 and 344.280 (doc. no. 1, ¶¶ 62-65); 2) violated the Age Discrimination in Employment Act (“ADEA”) by implementing a RIF that allegedly had a discriminatory impact on older employees and by terminating employees (including plaintiff) who met “the Rule of 60” or stood to accrue continued retirement benefits (¶¶ 56-61); and 3) terminated her employment in the RIF, thereby interfering with her retirement benefits in violation of the Employee Retirement Income Securities Act of 1974, § 510 (“ERISA”), 29 U.S.C. § 1140 (¶¶ 40-55). After filing her federal action, plaintiff filed a state charge with the OCRC on November 8, 2011, alleging age discrimination based on the same facts as her prior EEOC charge.3

National filed a Rule 12(b)(6) motion to dismiss, contending that the Chapter was a separate entity and that Chapter, rather than National, was the plaintiffs employer. In their briefs, plaintiff and defendant both cited summary judgment case law and argued the “prima facie case” under the burden-shifting evidentiary framework for summary judgment. The Court found such arguments to be “premature” and denied the motion without prejudice. The parties then conducted discovery. Upon the conclusion of discovery, defendant filed a Rule 12(c) motion for judgment on the pleadings, reasserting only that the ADEA and ERISA claims are time-barred. Defendant also filed a motion for summary judgment and a motion to strike the plaintiffs request for punitive and compensatory damages and for jury trial. These motions are fully briefed and ripe for consideration.

II. Standard of Review for Rule 56(c) Motions

Pursuant to Rule 56, a court “shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. Fed. R.Civ.P. 56(a). The moving party bears the burden of proving that no genuine dispute of material fact exists. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). The court must construe the evidence and draw all reasonable inferences in favor of the nonmoving party. [701]*701Id. at 587, 106 S.Ct. 1348. In doing so, courts must distinguish between evidence of disputed material facts and mere “disputed matters of professional judgment,” i.e., disagreement as to legal implications of those facts. Beard v. Banks, 548 U.S. 521, 529-30, 126 S.Ct. 2572, 165 L.Ed.2d 697 (2006).

On summary judgment review, the court must determine whether the evidence presents a sufficient dispute of material fact so as to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 251-52, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A party opposing summary judgment “may not rest upon the mere allegations or denials of his pleading, but ... must set forth specific facts showing that there is a genuine issue for trial.” Id. at 248, 106 S.Ct. 2505. A mere scintilla of evidence in support of a party’s claim is insufficient to survive summary judgment, as there must be enough evidence that a jury could reasonably find for the party. Id. at 251, 106 S.Ct. 2505. Summary judgment must be entered “against a party who fails to make a showing sufficient 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). “One of the principal purposes of the summary judgment rule is to isolate and dispose of factually unsupported claims.” Id.

III. Analysis

A. Plaintiff’s KCRA Claim Fails as a Matter of Law

Although plaintiff brings a claim under the Kentucky Civil Rights Acts (“KCRA”), she does not allege that any relevant actions took place in Kentucky. In fact, it is undisputed that the events at issue all occurred in Ohio. Jett acknowledges that she worked in Ohio for the Cincinnati Chapter of the Red Cross (Jett Dep. at 17). It is undisputed that she was employed in Ohio when she was dismissed as part of the RIF, which was implemented by the Cincinnati Chapter of the Red Cross.

Defendant correctly points out that the KCRA does not have “extraterritorial application” to events in other states (doc. no. 45-1 at 5). See Union Underwear Co., Inc. v. Barnhart,

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Bluebook (online)
3 F. Supp. 3d 695, 2014 U.S. Dist. LEXIS 31933, 2014 WL 972141, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jett-v-american-national-red-cross-ohsd-2014.