Pavao v. Town of Wallingford

993 F. Supp. 2d 88, 2014 WL 129064, 2014 U.S. Dist. LEXIS 2389
CourtDistrict Court, D. Connecticut
DecidedJanuary 9, 2014
DocketNo. 3:08CV0221 (DJS)
StatusPublished

This text of 993 F. Supp. 2d 88 (Pavao v. Town of Wallingford) 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
Pavao v. Town of Wallingford, 993 F. Supp. 2d 88, 2014 WL 129064, 2014 U.S. Dist. LEXIS 2389 (D. Conn. 2014).

Opinion

MEMORANDUM OF DECISION AND ORDER

DOMINIC J. SQUATRITO, District Judge.

Mary Lou Pavao (the “plaintiff’) brings this action against the Town of Walling-ford (the “defendant” or the “Town”) alleging sex discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. (“Title VII”).1 Now pending before the Court is the defendant’s motion for summary judgment filed pursuant to Fed.R.Civ.P. 56. For the following reasons, the defendant’s motion for summary judgment (doc. # 40) is Granted.

I. FACTS

Before reciting the facts which the Court finds to be undisputed, the Court wishes to address an issue concerning the plaintiffs filings in opposition to the defendant’s motion. The Rules of the United States District Court for the District of Connecticut contain specific requirements pertaining to papers filed in opposition to a motion for summary judgment. Those papers must include a “ ‘Local Rule 56(a)(2) Statement,’ which states in separately numbered paragraphs meeting the requirements of Local Rule 56(a)(3) and corresponding to the paragraphs contained in the moving party’s Local Rule 56(a)(1) Statement whether each of the facts asserted by the moving party is admitted or denied.” L. Civ. R. 56(a)(2).

In the Local Rule 56(a)(2) Statement, each denial of a fact asserted by the moving party “must be followed by a specific citation to (1) the affidavit of a witness competent to testify as to the facts at trial and/or (2) evidence that would be admissible at trial.... The ‘specific citation’ obligation of this Local Rule requires counsel and pro se parties to cite to specific paragraphs when citing affidavits ... and to [90]*90cite to specific pages when citing to deposition or other transcripts or to documents longer than a single page in length.” L. Civ. R. 56(a)(3). Failure to provide this specific citation “may result in the Court deeming certain facts that are supported by the evidence admitted....” Id.

In opposing the defendant’s motion for summary judgment the plaintiff filed an initial (doc. #48, at 2-7) and a revised (doc. #49-2, at 3-8) Local Rule 56(a)(2) Statement. In its reply to the plaintiffs opposition, the defendant noted that both of the plaintiffs Local Rule 56(a)(2) Statements failed to comply with the requirements of the Local Rules. In particular, the defendant noted that in some instances the plaintiffs denials did not cite to any evidence and in those instances when the plaintiff cited to evidence, i.e., her affidavit, she did not cite to a specific paragraph within her affidavit as required by the Local Rules. The plaintiff subsequently filed additional documents and a sur-reply brief in opposition to the defendant’s motion for summary judgment but did not address the deficiencies in her Local Rule 56(a)(2) Statement that had been noted by the defendant.

In connection with the consideration of a motion for summary judgment, a district court is not obligated “to perform an independent review of the record to find proof of a factual dispute. A district court is obligated only to consider the materials [properly] cited to it by the parties.” Morales v. New York State Department of Labor, 530 Fed.Appx. 13, 14 (2d Cir.2013) (internal quotation marks and citation omitted). Although a district court is not obligated to “perform an independent review of the record,” given the plaintiffs pro se status the Court has endeavored to determine whether her denials of facts asserted by the defendant are supported by the evidence. In a number of instances they are not. By way of example, the defendant’s Local Rule 56(a)(1) Statement asserts that “[p]rior to Ms. Pa-vao’s termination, Mr. Thompson required Ms. Pavao and several male employees in the Engineering Department (including Mr. Baltramaitis, Mr. Smith, Mr. Vanski and Mr. Krajewski) to perform various office related duties such as filing and answering the phones.” (Doc. # 40-3, at 20, ¶ 54). The defendant cites to specific affidavit paragraphs and other evidence in support of that assertion. In her Local Rule 56(a)(2) Statements, the plaintiff denies this assertion. One of the Statements does not cite to any evidence; the other simply states, “See Pavao Aff., ¶ xx.” (Doc. # 48, at 5, ¶ 54). The Court has reviewed the entirety of the plaintiffs affidavit, the paragraphs of which are not numbered, and can find no reference in the affidavit to this factual assertion. To the extent that the defendant’s factual assertions are properly supported by the evidence and the plaintiffs denials of those assertions are not, the Court will deem those assertions admitted. See L. Civ. R. 56(a)(3) (“failure to provide specific citations to evidence in the record as required by this Local Rule may result in the Court deeming certain facts that are supported by the evidence admitted in accordance with Rule 56(a)(1)”).

The plaintiff was employed by the defendant for over twenty years. For most of that time she was a Draftsperson in the defendant’s Engineering Department. Throughout the period of her employment with the defendant the plaintiff was a unionized employee; the terms and conditions of her employment were governed by a collective bargaining agreement (the “CBA”) between the defendant and Local 1183, Council #4 AFSCME, AFL-CIO.

On August 28, 1997, the defendant hired John Thompson (“Thompson”) as the [91]*91Town Engineer. Thompson served as the plaintiff’s supervisor from the time he was hired until the time the plaintiff was terminated on March 9, 2005. When he was initially hired, Thompson was given the mandate to “straighten out some of the lax procedures in the Engineering Department.” (Doc. # 40-5, at 2, ¶ 5). To that end he instituted changes in the operation of the Engineering Department in order to improve performance and he also required greater accountability from all of the Department’s employees. The changes Thompson instituted, coupled with his aggressive and demanding management style, resulted in conflicts and confrontations between Thompson and some of the employees within the Engineering Department.

Between February 1998 and August 2004 Thompson took disciplinary actions against three male employees. These actions, which included warnings, suspensions, and a termination, were taken for the stated reasons of insubordination, failure to perform work as directed, lack of productivity, and failure to respond to requests for information about assignments or to complete required daily work schedules.

In a February 6, 1998 memo to one of those three male employees, Thompson stated, “I am extremely disappointed that you have chosen not to acknowledge, respond to, or take advantage of the Town’s offer of assistance in addressing whatever issues are affecting your performance at work.... Effective immediately, ANY absence from the Engineering Department’s offices ... that has not been pre-approved in accordance with Departmental Policy, will be recorded and logged as ‘unauthorized absence.’ Further, your failure to adhere to these Departmental Policies, our verbal discussions on this matter, and this specific written warning will result in the appropriate disciplinary action.” (Doc. # 40-7, at 2).

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Cite This Page — Counsel Stack

Bluebook (online)
993 F. Supp. 2d 88, 2014 WL 129064, 2014 U.S. Dist. LEXIS 2389, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pavao-v-town-of-wallingford-ctd-2014.