Mason v. George

24 F. Supp. 3d 1254, 2014 U.S. Dist. LEXIS 75150, 2014 WL 2474911
CourtDistrict Court, M.D. Georgia
DecidedJune 3, 2014
DocketCase No. 1:12-CV-159 (WLS)
StatusPublished
Cited by16 cases

This text of 24 F. Supp. 3d 1254 (Mason v. George) is published on Counsel Stack Legal Research, covering District Court, M.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mason v. George, 24 F. Supp. 3d 1254, 2014 U.S. Dist. LEXIS 75150, 2014 WL 2474911 (M.D. Ga. 2014).

Opinion

ORDER

W. LOUIS SANDS, District Judge.

Presently pending before the Court is Defendants Motion for Summary Judgment (Doc. 89). For the following reasons, Defendants’ Motion for Summary Judgment (Doc. 89) is GRANTED.

[1258]*1258I. PROCEDURAL HISTORY

Plaintiff filed his Complaint in the above-captioned matter on October 22, 2012, purportedly under Title VII of the Civil Rights Act of 1964, as amended at 42 U.S.C. § 2000e et seq.,1 alleging race discrimination against Charles George and Kathy Batson, employees of the Flint RiverQuarium. (Doc. 1.) Plaintiffs alleged in his initial complaint that his direct supervisor, Charles George, “falsified] write ups [sic] ... to the detriment of future employment of [Plaintiff] with Kathy Batson agreeing with and permitting with the threat of being terminated.” (Id.) Plaintiff alleged that George’s actions present a prima facie case of discrimination and harassment on the basis of age, gender and race. (Doc. 1-2 at 5.) Plaintiff also alleged that he was subject to retaliation. (Id. at 9.) On April 24, 2013, Plaintiff filed an amendment to his original complaint that named Flint RiverQuarium as an additional defendant. (Doc. 32.) No additional substantive allegations were included in the amendment to Plaintiffs Complaint. (See id.).

On December 19, 2013, Defendants moved for summary judgment as to Plaintiffs Complaint. (Doc. 89.) According to Defendants, Plaintiff was employed by Defendant Flint RiverQuarium (“FRQ”) as a part-time employee from November 8, 2010 until January 22, 2013. (Doc. 89-1 at 1.) Charles George was Plaintiffs direct supervisor in the Maintenance Department, and Kathy Batson was the Human Resources Director and Operations Manager for FRQ until November 2012. (Id.) Per Defendants, FRQ properly terminated Plaintiffs employment on January 22, 2013, for insubordination and altercations with employees, both in violation of FRQ’s policy. In their Motion, Defendants first contend that Defendants Batson and George are entitled to summary judgment because individuals are not subject to suit under Title VII, only employers. Therefore, Defendants contend that Defendant FRQ is the only proper defendant but that Plaintiffs discrimination claim fails against FRQ for the following reasons: 1) Plaintiffs claim should be limited to the two write-ups he alleged in his Charge of Discrimination filed with the Equal Employment Opportunity Commission (“EEOC”); 2) Plaintiff has failed to establish a prima facie case of race discrimination because write-ups do not constitute adverse employment action and Plaintiff failed to establish that he was disciplined differently than another similarly situated employee. Defendant FRQ further alleges that Plaintiff failed to establish a prima facie case of harassment because the conduct complained of was not sufficiently severe or pervasive and Plaintiff failed to report the alleged harassment. Defendant indicates that even if Plaintiff establishes a prima facie case of discriminatory discipline, Plaintiffs workplace violations constitute legitimate, nondiscriminatory reasons for the actions taken by Defendant FRQ. Per Defendant FRQ, Plaintiff has no evidence to demonstrate that these reasons are pre-textual. To the extent Plaintiff tries to improperly allege a claim for retaliation, Defendant FRQ contends that this claim fails as well because Plaintiff was terminated for insubordination and altercations with FRQ employees.

[1259]*1259On December 23, 2013, in accordance with the Court’s procedures governing notice to pro se plaintiffs, the Court issued an order directing Plaintiff to file a response in opposition to Defendants’ motion. (Doc. 910 Plaintiff was noticed that he would be required to respond in opposition to Defendants’ motion “with affirmative affidavits, depositions, documents!, and] rely with specificity upon evidence that is part of the record.” (Id. at 1-2.) Plaintiff was also reminded that Local Rule 56 requires that, where a summary-judgment movant has properly filed a statement of undisputed facts, the respondent to a motion for summary judgment is required to respond to each of the movant’s numbered material facts. (Id. at 2 n. 1.) Finally, Plaintiff was noticed that “[i]f a party fails or refuses to file any materials in opposition to a motion for summary judgment, a FINAL judgment may be rendered against that party if otherwise appropriate under the law. In that event, there would be no trial or any further proceedings.” (Id. at 2.)

On January 10, 2014, Plaintiff filed his response in opposition to Defendants’ Motion for Summary Judgment. (Doc. 95.) He did not file a Responsive Statement of Facts or his own Statement of Disputed Facts. (See generally Docket.) He did, however, supplement his opposition brief with a number of exhibits. (Doc. 95-1.) In his Response, Plaintiff contends that: 1) he is a member of a protected group (African American and over the age of 40), 2) he was subject to unwelcome harassment based on his age and gender, 3) his age, gender, and race were contributing factors to his termination, and 4) his termination affected a term, condition, and or privilege of his employment. (Doe. 95 at 4.) As to the alleged harassment, Plaintiff alleges various instances of conduct he considers to be discriminatory. Plaintiff also contends that the filing of his complaint with the EEOC “escalated” the hostile work environment and “retaliation” from the staff and supervisors of FRQ. Thus, Plaintiff contends that Defendants are not entitled to summary judgment.

On January 24, 2014, Defendant submitted its Reply in Support of its Motion for Summary Judgment. (Doc. 96.) Therein, Defendants assert that Plaintiff abandoned all his claims by failing to contest the specific arguments made in Defendants’ summary judgment motion. Defendants also contend that Plaintiff failed to submit any evidence to support his allegations of harassment.

The briefing for Defendant’s Motion for Summary Judgment has now concluded, and the Court finds that Defendant’s Motion for Summary Judgment is ripe for review.

II. Summary Judgment Standard

A. Federal Rule of Civil Procedure 56

Pursuant to Federal Rule of Civil Procedure 56, summary judgment is proper “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 judgment as a matter of law.” Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). An issue is “genuine” if the quantum and quality of proof necessary to support liability under the claim is raised. Allen v. Tyson Foods, 121 F.3d 642, 646 (11th Cir.1997). A fact is “material” if it hinges on the substantive law at issue and it might affect the outcome of the ,nonmoving party’s claim. Anderson v. Liberty Lobby,

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Bluebook (online)
24 F. Supp. 3d 1254, 2014 U.S. Dist. LEXIS 75150, 2014 WL 2474911, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mason-v-george-gamd-2014.