Kelly v. Signet Star Re, LLC

971 F. Supp. 2d 237, 2013 WL 5175432, 2013 U.S. Dist. LEXIS 130199
CourtDistrict Court, D. Connecticut
DecidedSeptember 12, 2013
DocketNo. 3:10-CV-00551 (CSH)
StatusPublished

This text of 971 F. Supp. 2d 237 (Kelly v. Signet Star Re, LLC) is published on Counsel Stack Legal Research, covering District Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kelly v. Signet Star Re, LLC, 971 F. Supp. 2d 237, 2013 WL 5175432, 2013 U.S. Dist. LEXIS 130199 (D. Conn. 2013).

Opinion

RULING ON PLAINTIFF AND DEFENDANT’S, CROSS MOTIONS FOR SUMMARY JUDGMENT

HAIGHT, Senior District Judge:

I. Introduction

This is an employment discrimination case. Plaintiff Paul J. Kelly (hereinafter [240]*240“Plaintiff’) charges his former employer, Defendant Signet Star Re, LLC (hereinafter “Defendant”), now known as Berkley Re America, LLC, with discriminating against him because of his age in violation of the Age Discrimination in Employment Act of 1967 (hereinafter the “ADEA”), 29 U.S.C. § 621, et seq. [Doc. 7]. Plaintiff also alleges claims against Defendant for age discrimination under Connecticut’s Fair Employment Practices Act (hereinafter “CFEPA”) and alleges common law claims against Defendant for intentional infliction of emotional distress and breach of the covenant of good faith and fair dealing.1 Plaintiff seeks damages, attorney’s fees and costs, and other equitable relief. Id. Defendant denies all liability, and both Defendant and Plaintiff have now cross-moved for summary judgment. See [Doc. 50] and [Doc. 53].

II. Background

The following facts, for the most part undisputed and culled from the pleadings and exhibits thereto, are relevant to the current motion. Plaintiff was hired by Defendant as a Vice President and underwriter of Signet Star Re, LLC in August of 2002. [Doc. 56-1]; see also [Doc. 56-2] at 130 (Plaintiff states in deposition that he was hired on August 27, 2002). Plaintiffs offer letter, which was signed by Gordon J. Olver, Executive Vice President and the individual to whom Plaintiff directly reported throughout his time as Defendant’s employee, stated that Plaintiffs initial salary would be $160,000 on an annualized basis, and that Plaintiff would be eligible for a performance bonus annually along with an initial salary review in January of 2003 and twenty days of vacation per year. Id. Plaintiff was fifty-five years of age at the date of his hire by Defendant, [Doc. 56-2], and was employed by Defendant as an underwriter for approximately seven and a half years before his employment termination in January of 2010. His annual salary upon termination was $175,000, and he reports that his annual bonus averaged in the range of $25,000 per year. [Doc. 7] at ¶¶ 10-11.

Prior to his job termination, Plaintiff claims that he was “subjected to a series of continuous adverse employment actions ... including but not limited to unequal treatment on account of his age, denial of fair and equal bonus compensation based on his factual performance, a negative performance review, forced resignation and wrongful termination of employment.” [Doc. 7] at 12.2 Plaintiff further avers that [241]*241Defendant’s statement that “the reason for [Plaintiffs individual] disciplinary action was poor performance” is both “factually baseless and without merit,” and that Defendant’s proffered “reasons for [any such] adverse actions are pretextual and false.” Id. at 12-13.

Jon Schriber, already an employee of Defendant, was promoted to President and CEO of Signet Star Re, LLC in the summer of 2008. It was to Schriber that Olver, Plaintiffs supervisor, reported. At various times both Schriber and his predecessor, Craig Johnson, expressed dissatisfaction with Plaintiffs overall performance. In May of 2009, a new marketing strategy was announced for all underwriters whereby, in Defendant’s words, “the team would move away from territorial assignments to targeting of individual accounts by individual underwriters ... This change was implemented in recognition of the fact that many underwriters had meaningful contacts and/or relationships which were not being exploited to the company’s advantage merely because they were outside of the territory assignment of those underwriters.” [Doc. 56] at 4. Defendant states that “[o]nce this strategy was implemented, performance expectations were raised not just for Plaintiff, but for every underwriter on the team.” Id. Plaintiff contends that “Defendant never provided training nor timelines and goals ... that employees had to adhere to.” [Doc. 71] at 3. Defendant counters that “[w]hile Plaintiff is correct that concrete deadlines were not set, ... Schriber sent all underwriters a number of follow-up emails after the May 2009 meeting in which he described the urgency of the new strategy,” using words including “critical” and “urgent” to describe the initiative. [Doc. 56] at 5.

It was not until August of 2009, when Plaintiff was informed by Olver that his marketing activity had been deemed insufficient, [Doc. 7] at ¶ 16, [Doc. 13] at ¶ 16, that Plaintiff began to make efforts to follow and contribute to the new marketing initiative. Plaintiff provides several reasons for his lack of marketing-related performance between May and August of 2009, for example stating that his “accounts largely required the most intensive underwriting activity[] just as this marketing initiative was getting underway,” and that his “concentration on the dominant underwriting aspects of his position was, without question,” in Defendant’s best interest. [Doc. 7] at 5. Plaintiff also alleg[242]*242es that “Defendant prevented [him] from attending conferences and special events that would have increased his marketing visits under the new marketing plan.” [Doc. 71] at 4. Despite Plaintiffs contention that he began to make efforts subsequent to August of 2009, Defendant reports that “Plaintiff recorded the third lowest number of marketing visits for the fourth quarter of 2009, as well as the lowest total number of visits for the entire year among his peers.... ” [Doc. 56] at 7.

Before Labor Day of 2009, Plaintiff states that he was “told he had to move to a junior office to make way for a new employee who was arriving at the end of the following week.” [Doc. 7] at 6. Plaintiff states that although the reason given to him was that “Sehriber wanted to keep the underwriting staff close together,” Plaintiff believes that this explanation “was untrue as moving others would have better accomplished that.” Id. Plaintiff therefore claims that this “office space move was a discriminatory adverse employment action taken on account of Plaintiffs age.” Id. The new employee who was assigned to Plaintiffs former office space was Tony Cocozza, then aged approximately fifty-nine or sixty, who had just been hired by Sehriber. [Doc. 56] at 14 n. 2. To further demonstrate that he was discriminated against due to his age, Plaintiff points to an email sent to Sehriber by Fred Madsen, another high-ranking employee of Defendant, in which Madsen indicated that he would not be attending another employee’s retirement party, but that Sehriber should “[l]et [Madsen] know when [Plaintiffs] retirement party is, though,” since Madsen “might show up for that one.” See, e.g., [Doc. 56-2] at 192. Plaintiff states that he had no plans to retire at that moment, and that he found Madsen’s emailed statement to be a clearly age-related remark.

Sehriber and Olver also discussed Plaintiffs 2009 performance review several times toward the end of 2009. In these communications, Sehriber gave Olver feedback regarding Olver’s initial evaluations of Plaintiffs performance, which Sehriber indicated he felt were not honest enough.

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Bluebook (online)
971 F. Supp. 2d 237, 2013 WL 5175432, 2013 U.S. Dist. LEXIS 130199, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelly-v-signet-star-re-llc-ctd-2013.