Langenfeld v. Stoelting, Inc.

902 F. Supp. 847, 1995 U.S. Dist. LEXIS 16041, 68 Empl. Prac. Dec. (CCH) 44,023, 1995 WL 625035
CourtDistrict Court, E.D. Wisconsin
DecidedOctober 23, 1995
Docket94-C-303
StatusPublished
Cited by2 cases

This text of 902 F. Supp. 847 (Langenfeld v. Stoelting, Inc.) is published on Counsel Stack Legal Research, covering District 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
Langenfeld v. Stoelting, Inc., 902 F. Supp. 847, 1995 U.S. Dist. LEXIS 16041, 68 Empl. Prac. Dec. (CCH) 44,023, 1995 WL 625035 (E.D. Wis. 1995).

Opinion

DECISION AND ORDER

RANDA, District Judge.

This age discrimination case is before the Court on defendant’s motion for summary judgment. On October 6, 1995, the Court informed the parties that it intended to grant defendant’s motion, obviating the need for an upcoming pretrial conference, and that a written decision granting the motion and explaining the Court’s reasoning would issue *849 shortly. The following constitutes the Court’s Decision and Order in this matter.

PROCEDURAL BACKGROUND

Before detailing the undisputed facts, it is important to note the procedural context of the record from which the Court must draw these facts. That is, defendant supports its motion, and the factual predicates underlying the same, with substantial evidentiary materials, including detailed affidavits and deposition transcripts from the parties and corporate officers involved. Based on these submissions, and pursuant to Local Rule 6.05, defendant also submitted separately numbered proposed findings of fact. Under Rule 6.05, plaintiff was required to submit “[a] specific response to the movant’s proposed findings of fact, clearly delineating only those findings to which it is asserted that a genuine issue of material fact exists. The response must refer to the contested finding by paragraph number and must cite evidentiary materials which support the claim that a dispute exists.” Local Rule § 6.05(b)(1) (emphasis supplied). Moreover, “[i]n deciding a motion for summary judgment, the court will conclude that there is no genuine material issue as to any proposed finding of fact to which no response is set out.” Local Rule § 6.05(d). Plaintiff has not satisfied his obligations under rule 6.05.

Plaintiff sufficiently responded to proposed Findings Of Fact ¶¶ 1-22, adopted and listed below, insofar as plaintiff stated that he had no objection to these factual propositions. (Plaintiffs Brief in Opposition at 2.) However, as regards proposed Findings of Fact ¶¶ 23-57, also adopted and listed below, plaintiff submitted the following:

Plaintiff objects generally to the proposed Findings of Fact of defendant from paragraphs 23 through 57 inclusive, relating to “Stoelting moves to replace lost business” and “the down sizing of Stoelting”. Those proposed Findings of Fact are the pretext for Langenfeld’s termination based on age. Plaintiff will cite specific paragraphs where applicable in the arguments set forth below.

(Id.; emphasis supplied.) The foregoing does not comply with Rule 6.05. Plaintiff cannot object “generally” to 35 individually proposed findings of fact. Rather, plaintiff must specifically and separately respond to each disputed finding of fact by number, and each specific response must include specific factual citations from the record supporting the existence of the claimed dispute. The purpose of such a rule is obvious. By the time a case reaches summary judgment, the parties should have undertaken the bulk, if not all, of their discovery efforts, and the factual record should be fairly established. Accordingly, the parties should be able to clearly isolate for the Court the specific factual issues remaining for trial and the evidence supporting their respective positions on each issue. This not only enables the Court to make its summary judgment determination, but it also forces the parties to marshal the facts and begin preparing for trial.

Plaintiffs responses make a good case for the strict enforcement of the local rule. Plaintiff makes a “generalized]” objection to 35 individual findings of fact, some of which are critical to the summary judgment determination. While he does state that he “will cite specific paragraphs where applicable in the arguments” set forth in his brief, the only specific paragraph he refers to in his brief is ¶ 41, which asserts that defendant undertook a reduction-in-force on February 13, 1993, resulting in the termination of roughly 20% of its administrative personnel. Plaintiff also makes general references to certain deposition transcripts attached to his counsel’s affidavit, but he does not explain how those transcripts raise genuine issues of fact concerning the 34 other proposed findings he has “generally” objected to. Indeed, after reviewing plaintiffs brief and the transcripts he submits in support thereof, the only factual points he attempts to establish are (1) his termination worked no real reduction in the number of people at his level or position; (2) he was fired for economic reasons outside of is control and was therefore the most qualified employee for a new position simultaneously given to a new, younger employee; and (3) the new, younger employee hired for the position he was denied has not performed any better than he did. Some of these prop *850 ositions are not supported by the evidence and others are simply immaterial. Moreover, plaintiff basically leaves it for the Court to figure out which specific findings of fact are implicated or affected by these factual propositions.

In light of the foregoing, the Court proceeds as follows: The plaintiffs failure to specifically respond to each proposed finding of fact means that the Court will accept defendant’s proposed findings of fact as true and incorporate those into its decision. Such is expressly provided for in Local Rule 6.05(d). It is also clearly implied in Fed. R.Civ.P. 56(e), which provides that “[w]hen a motion for summary judgment is made and supported as provided in this rule, ... 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.” However, not to dismiss out-of-hand the few factual submissions and arguments which the plaintiff does attempt to establish, the Court will address the factual points raised above and explain why those propositions are either immaterial or lack sufficient support in the record. Where the Court relies upon facts not set forth in its formal Findings of Fact, the Court will cite to the appropriate evidentiary source.

FACTS

1. John N. Langenfeld (“Langenfeld”) is an adult resident of the state of Wisconsin, who fives at 444 South Lake Street, Elkhart Lake, Wisconsin. His date of birth is August 2, 1938. (Plaintiffs Complaint at ¶4.)

2. Stoelting, Inc. (“Stoelting”) is a Wisconsin corporation with its principal place of business at 502 Highway 67, Kiel, Wisconsin. (Complaint at ¶ 5.)

3. The Court has original jurisdiction over this action pursuant to 28 U.S.C. § 1331 in that plaintiff alleges a claim based upon the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq. (“ADEA”).

4. Venue is proper in this district pursuant to 28 U.S.C. § 1391 in that the defendant resides in the Eastern District of Wisconsin.

5.

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902 F. Supp. 847, 1995 U.S. Dist. LEXIS 16041, 68 Empl. Prac. Dec. (CCH) 44,023, 1995 WL 625035, Counsel Stack Legal Research, https://law.counselstack.com/opinion/langenfeld-v-stoelting-inc-wied-1995.