Monahan v. Finlandia University

69 F. Supp. 3d 681, 2014 U.S. Dist. LEXIS 165122, 2014 WL 6680158
CourtDistrict Court, W.D. Michigan
DecidedNovember 25, 2014
DocketCase No. 2:14-CV-64
StatusPublished

This text of 69 F. Supp. 3d 681 (Monahan v. Finlandia University) is published on Counsel Stack Legal Research, covering District Court, W.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Monahan v. Finlandia University, 69 F. Supp. 3d 681, 2014 U.S. Dist. LEXIS 165122, 2014 WL 6680158 (W.D. Mich. 2014).

Opinion

OPINION

ROBERT HOLMES BELL, District Judge.

This diversity action for breach of employment contract is before the Court on the parties’ cross-motions for partial summary judgment as to liability on Count I of the complaint. (ECF Nos. 13, 14.) For the reasons that follow, Plaintiffs motion will be granted and Defendant’s motion will be denied.

I.

The operative facts are not in dispute. Plaintiff Joseph Monahan is a resident of New York who began working for Defendant Finlandia University in Hancock, Michigan, as the Dean of the International School of Business in August 2006. Mona-han was granted tenure on July 2, 2007, and for the 2007-08 academic year was employed as Executive Vice President for External Relations, Dean of the International School of Business, and tenured professor. (Compl. Ex. 1.)

On July 1, 2008, the University advised Monahan that his administrative appointments were not being renewed, but it extended him an offer of employment as a tenured professor in the International School of Business for the 2008-09 academic year, with a start date of August 22, 2008. (Compl. Exs. 2, 4.) The July 1, 2008, Letter of Appointment stated in relevant part: “Please sign, date, and return this letter and the acknowledgement form to Human Resources as evidence that you accept this appointment.” (Compl. Ex. 2.) The cover letter which accompanied the Letter of Appointment stated in relevant part: “Please return the enclosed letter of appointment on or before July 15th. Should the signed letter not be received by [683]*683this date, the position will not be held.” (Compl. Ex. 4.)

Monahan signed the letter of appointment on July 10, 2008, properly addressed it to “Human Resource, Finlandia University, 601 Quincy Street, Hancock, MI 49930,” and sent it on July 14, 2008, by express mail, second day delivery. (Compl. Ex. 6.)

On July 21, 2008, the University sent Monahan a letter which stated in relevant part:

As of today, July 21st, the University has not received any signed appointment letter from you. The July 1st letter also informed you that should no signed appointment letter be received by July 15th the position would not be held.
... To my knowledge there has been no direct communication from you to Fin-landia’s Office of the Provost or Human Resources since May 17th. Therefore the University will not continue to hold this position for you and considers the absence of response your indication of voluntary resignation as of July 15th, 2008.

(Compl. Ex. 3.)

Monahan responded by letter dated July 27, 2008, that he had sent his signed letter of appointment on July 14, 2008, by express mail. (Compl. Ex. 5.) He enclosed a copy of the signed Letter of Acceptance and a copy of the receipt from the United States Postal Service. (Compl. Ex. 5, 6.)

On August 4, 2008, the University acknowledged that after receiving Monahan’s July 27 letter, it discovered that it had received Monahan’s signed Letter of Ap-, pointment on July 16, but the letter had been misplaced in the mailroom. (Compl. Ex. 7.) Nevertheless, the' University stood by its termination of Monahan’s employment because the letter had not been received until July 16, a day after the July 15 deadline:

As indicated, however, in the letter to you dated July 1st, the deadline for responding to the faculty appointment letter was “on or' before July 15th” after which the University was not obligated to hold the position for you. The deadline for reply was not met.

(Id.)

Monahan filed this action. He alleges in Count I that the University terminated him in breach of the employment agreement for the 2008-09 academic year. He alleges in Count II that the University failed to reimburse him for certain business expenses in breach of the employment agreement for the 2007-08 academic year.

The parties have filed cross-motions for summary judgment on Count I of Mona-han’s complaint relating to Monahan’s employment for the 2008-09 academic year.

II.

The Federal Rules of Civil Procedure require the Court to 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). In evaluating a motion for summary judgment the Court must look beyond the pleadings and assess the proof to determine whether there is a genuine need for trial. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). If the movant carries its burden of showing there is an absence of evidence to support a claim, the non-moving party must demonstrate by affidavits, depositions, answers to interrogatories, and admissions on file that there is a genuine issue of material fact for trial. Celotex Corp. v. Catrett, 477 U.S. [684]*684317, 324-25, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

In reviewing a motion for summary-judgment this Court cannot weigh the evidence, make credibility determinations, or resolve material factual disputes. Alman v. Reed, 703 F.3d 887, 895 (6th Cir.2013); see Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) (stating that on a motion for summary judgment “ [c]redibility determinations, the weighing of the evidence, and the drawing of legitimate inferences from the facts are jury functions, not those of a judge”). “Instead, the evidence must be viewed, and all reasonable inferences drawn, in the light most favorable to the non-moving party.” Ohio Citizen Action v. City of Englewood, 671 F.3d 564, 569-70 (6th Cir.2012) (citing Matsushita, 415 U.S. at 587, 106 S.Ct. 1348; Biegas v. Quickway Carriers, Inc., 573 F.3d 365, 374 (6th Cir.2009)). Nevertheless, the mere existence of a scintilla of evidence in support of the non-moving party’s position is not sufficient to create a genuine issue of material fact. Liberty Lobby, 477 U.S. at 252, 106 S.Ct. 2505. The proper inquiry is whether the evidence is such that a reasonable jury could return a verdict for the non-moving party. Id.; see generally Street v. J.C. Bradford & Co., 886 F.2d 1472, 1476-80 (6th Cir.1989).

III.

The University contends that it is entitled to summary judgment because Mona-han failed to timely return the offer of employment which contained an explicit and specific deadline by which the accepted offer had to be “received by” the University. Monahan contends that he is entitled to summary judgment because he timely accepted the University’s offer when he deposited his signed acceptance into the custody of the U.S. Postal Service on July 14, 2008.

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Bluebook (online)
69 F. Supp. 3d 681, 2014 U.S. Dist. LEXIS 165122, 2014 WL 6680158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/monahan-v-finlandia-university-miwd-2014.