Minhngoc P. Tran v. The Boeing Co.

190 F. App'x 929
CourtCourt of Appeals for the Eleventh Circuit
DecidedAugust 3, 2006
Docket05-13076; D.C. Docket 03-00374-CV-WDO-5
StatusUnpublished
Cited by5 cases

This text of 190 F. App'x 929 (Minhngoc P. Tran v. The Boeing Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Minhngoc P. Tran v. The Boeing Co., 190 F. App'x 929 (11th Cir. 2006).

Opinion

PER CURIAM:

Plaintiff Minhngoc Tran sued The Boeing Company (“Boeing”), alleging that her employment was terminated in violation of Title VII and 42 U.S.C. § 1981 and that she suffered retaliation for complaining about her supervisor’s alleged discrimination. The district court granted summary judgment to Boeing on all claims. Having discovered no reversible error, we affirm.

Plaintiff is an Asian-American who was born in Vietnam. Plaintiff worked as a Manufacturing Planner 1 for Boeing. Her husband, who is also Asian-American, had the same job at the same facility.

In 1998, then-Department Manager Richard Barbee appointed Sheila Ham-brick as team leader over Plaintiffs department. Barbee and Hambrick both reported to Keith Castleberry, the Director of the Manufacturing Planner Department. In 2002, Barbee was demoted to Planner; and Hambrick became the Acting Manager.

In January 2002, Castleberry scheduled a mandatory meeting. Plaintiff testified that about a half-hour before the meeting was to start, Plaintiff asked Hambrick if Plaintiff could skip the meeting. Plaintiff testified she told Hambrick this absence was so Plaintiff could go to the hospital and sign forms for her husband to be transported to a different hospital for an angioplasty. Hambrick testified Plaintiff said she wanted to leave work at 3:30; Hambrick told Plaintiff to attend the meeting because it was scheduled for 3:15 and would last only five or ten minutes. A different manager gave Plaintiff permission to skip the meeting.

About two months later, Plaintiff complained to Castleberry that Hambrick would not let Plaintiff miss the meeting because she was prejudiced against Asians. Hambrick had allowed a Caucasian employee to skip the meeting; before the meeting was announced, that employee had requested the afternoon off for a doctor’s appointment. Castleberry talked to Hambrick about this incident; and Ham-brick says she apologized to Plaintiff for any misunderstanding. Plaintiff denies Hambrick apologized.

Plaintiff claims that after this incident, she was retaliated against by being given more work than other Planners, by being denied permission to train for and to work on a new Apache project, and by Ham-brick’s suggesting Plaintiff move to another budding. None of the Planners were allowed to train for or to work on the new Apache project.

About four months later, Hambrick asked Plaintiff to check another employee’s work because the employee who usually would have had the assignment was *931 absent. Hambrick and Plaintiff had several conversations over two days about whether Plaintiff was sufficiently prioritizing this assignment. Plaintiff says Ham-brick yelled at her during these conversations; Hambrick said she did not yell, but did speak firmly to Plaintiff. Plaintiff says that after the last of the conversations, Hambrick muttered “stupid Asian” as she walked away from Plaintiff’s cubicle. Boeing neither admits nor denies that Ham-brick made the statement.

During early 2002, Boeing determined that Plaintiff’s facility would have to undergo a reduction in force (“RIF”). Boeing set forth assessment guidelines to identify layoff candidates. Planners were evaluated and graded in several categories, including quality of work, job knowledge/experience, versatility, aptitude and judgment, customer satisfaction, and communication skills. Employees were also credited for their length of service with Boeing and their education, training, and awards. Once layoff candidates were identified, a decision narrative was written explaining the decision.

Hambrick conducted the assessment and rated Plaintiff fourteenth out of fifteen Planners. 2 Plaintiff received her lowest score for communication skills. In the decision narrative, Hambrick wrote that Plaintiff possessed sufficient technical strength but lacked “overall aptitude for following work instructions” and exhibited an “unwillingness to take on new challenges in a dynamic work environment!.]” Hambrick also wrote that Plaintiff had been uncooperative when asked to make changes to her existing work scope. Ham-brick said the findings demonstrated that Plaintiff did not have the team skills necessary for the department.

Hambrick also selected Richard Barbee for layoff; Barbee had rated fifteenth in the department. Plaintiff’s husband, who is Asian-American, was not selected for layoff. Hambrick submitted her findings to Castleberry, who reviewed and approved Hambriek’s assessments.

We review de novo the district court’s grant of summary judgment to Boeing. Armindo v. Padlocker, Inc., 209 F.3d 1319, 1321 (11th Cir.2000).

Plaintiff first contends the district court did not follow properly the summary judgment standard. The district court determined that Plaintiff had admitted Boeing’s version of the facts and based its order on Boeing’s version, although the court’s order noted where Plaintiff disagreed with Boeing’s facts and drew reasonable inferences in Plaintiffs favor. The district court said Plaintiffs response to Boeing’s Statement of Undisputed Facts violated Local Rule 56, which says, in relevant part:

The respondent to a motion for summary judgment shall attach to the response a separate and concise statement of material facts, numbered separately, to which the respondent contends there exists a genuine issue to be tried. Response shall be made to each of the movant’s numbered material facts. All material facts contained in the moving party’s statement which are not specifically controverted by the respondent in respondent’s statement shall be deemed to have been admitted, unless otherwise inappropriate (emphasis added).

The district court correctly determined Plaintiff violated Local Rule 56. Plaintiff’s response did not address specifically the numbered facts contained in Boeing’s Statement of Undisputed Facts.

*932 We find no error in the district court’s treatment of the facts. The district court did not grant summary judgment simply because Plaintiff “admitted” Boeing’s facts; the court examined the materials Boeing submitted in support of summary judgment and discussed the reasons for granting summary judgment. See U.S. v. One Piece of Real Prop. Located at 5800 SW 74th Ave., Miami, Fla., 363 F.3d 1099, 1101-02 (11th Cir.2004) (district court cannot grant summary judgment just because the motion was unopposed, but must at least review all the evidentiary materials submitted in support of the motion for summary judgment to ensure the motion is supported).

Discrimination Claims

Plaintiff claims there is direct evidence of racial discrimination because Hambrick called Plaintiff a “stupid Asian” on the same day Hambrick wrote the decision narrative.

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Cite This Page — Counsel Stack

Bluebook (online)
190 F. App'x 929, Counsel Stack Legal Research, https://law.counselstack.com/opinion/minhngoc-p-tran-v-the-boeing-co-ca11-2006.