Porietis v. Tradesmen International, LLC

227 F. Supp. 3d 126, 2017 WL 27935, 2017 U.S. Dist. LEXIS 92
CourtDistrict Court, D. Maine
DecidedJanuary 3, 2017
DocketDocket no. 2:16-cv-00049-GZS
StatusPublished
Cited by1 cases

This text of 227 F. Supp. 3d 126 (Porietis v. Tradesmen International, LLC) is published on Counsel Stack Legal Research, covering District Court, D. Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Porietis v. Tradesmen International, LLC, 227 F. Supp. 3d 126, 2017 WL 27935, 2017 U.S. Dist. LEXIS 92 (D. Me. 2017).

Opinion

ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

George Z. Singal, United States District Judge

Before the Court are Defendant’s Motion for Summary Judgment (ECF No. 28) and Plaintiffs’ Motion for Partial Summary Judgment (ECF No. 29). As explained herein, the Court DENIES both motions.

I. LEGAL STANDARD

Generally, a party is entitled to summary judgment if, on the record before the Court, it appears “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). “[Tjhe mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment; the requirement is that there be no genuine issue of material fact.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). An issue is “genuine” if “the evidence is such that a reasonable jury could return a verdict for the nonmov-ing party.” Id. at 248, 106 S.Ct. 2505. A “material fact” is one that has “the potential to affect the outcome of the suit under the applicable law.” Nereida-Gonzalez v. Tirado-Delgado, 990 F.2d 701, 703 (1st Cir. 1993).

The party moving for summary judgment must demonstrate an absence of evidence to support the nonmoving party’s case. Celotex Corp. v. Catrett, 477 U.S. [130]*130317, 325, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). In determining whether this, burden is met, the Court must view the record in the light most favorable to the nonmov-ing party and give that party the benefit of all reasonable inferences in its favor. Santoni v. Potter, 369 F.3d 594, 598 (1st Cir. 2004).

Once the moving party has made this preliminary showing, the honmoving party must “produce specific facts, in suitable evidentiary form, to establish the presence of a trialworthy issue." Triangle Trading Co., Inc. v. Robroy Indus., Inc., 200 F.3d 1, 2 (1st Cir. 1999) (internal quotation marks and punctuation omitted); see also Fed. R. Civ. P. 56(e). “Mere allegations, or conjecture unsupported in the record, are insufficient.” Barros-Villahermosa v. United States, 642 F.3d 56, 58 (1st Cir. 2011) (quoting Rivera-Marcano v. Normeat Royal Dane Quality A/S, 998 F.2d 34, 37 (1st Cir. 1993)); see also Wilson v. Moulison N. Corp., 639 F.3d 1, 6 (1st Cir. 2011) (“A properly supported summary judgment motion cannot be defeated by conclusory allegations, improbable inferences, periphrastic circumlocutions, or rank speculation.”). “As to any essential factual element of its claim on which the nonmovant would bear the burden of proof at trial, its failure to come forward with sufficient evidence to generate a trialworthy issue warrants summary judgment for the moving party.” In re Ralar Distribs., Inc., 4 F.3d 62, 67 (1st Cir. 1993).

District of Maine Local Rule 56 prescribes a detailed process by which the parties are to place before the Court the “material facts ... as to- which the moving party contends there is no genuine issue.” D. Me. Loc. R. 56(b). The Rule further requires each statement of material fact to be followed by a “record citation[ ] ... to the specific page or paragraph of identified record material supporting the assertion.” D. Me. Loc. R. 56(f). Although Local Rule 56 does allow parties to indicate in response to a particular statement of fact that the statement “should be stricken,” the party making such a request must still admit, deny, or qualify the statement of fact. D. Me. Loc. R. 56(e). Ultimately, in constructing the narrative of undisputed facts for purposes of summary judgment, the Court deems any statement with a supporting record citation admitted but “may disregard any statement of fact not supported by a specific citation to record material properly considered on summary judgment.” D. Me. Loc. R. 56(f); see also Fed. R. Civ. P. 56(e)(2) (“If a party fails to properly support an assertion of fact or fails to properly address another party’s assertion of fact as required by Rule 56(c), the court may ... consider the fact undisputed for purposes of the motion[.]”).

The existence of cross-motions for summary judgment does not change the standard for constructing the undisputed facts.1 Rather, the Court is required to “view each motion separately and draw all reasonable inferences in favor of the respective non-moving party.” Roman Catholic Bishop of Springfield v. City of Springfield, 724 F.3d 78, 89 (1st Cir. 2013).

II. FACTUAL BACKGROUND

Tradesmen International, LLC (“Tradesmen”) is a Delaware corporation that maintains its corporate headquarters in Ohio and has an office in Portland, [131]*131Maine. Tradesmen advertises itself as a full-service, construction labor support company that provides skilled labor to its clients, which are primarily construction companies located throughout North America. As of 2014, Frederick Orne was in charge of the Portland office and was the highest-ranking Tradesmen employee in the office.2 Orne hired Plaintiff Kimis Porietis as a part-time recruiter on June 6, 2014. Orne also hired Plaintiff Michael Le-Duc as a field representative on June 11, 2014. At the time of their hire, Plaintiffs acknowledged their receipt, review, and understanding of Tradesmen’s Office Employee Manual, which sets forth the company’s policies and procedures, including as they relate to unlawful discrimination, retaliation, and discrimination in the workplace. Plaintiffs also acknowledged their receipt, review, and understanding of Tradesmen’s Zero Tolerance Workplace Harassment Policy & Procedures, which states that an employee can be discharged for making a false harassment complaint.

On September 26, 2014, Orne offered Porietis complimentary admission passes to a strip club, in the presence of another male employee. Porietis declined the passes by telling Orne, “if my wife would return these, you’re not .going to like where she wants to put them,” and that Orne “would not appreciate getting the cards back from [Porietis’s] wife.”3 (Deposition of Kimis A. Porietis (“Porietis Dep.”) (ECF No. 32) at 58-59.)4 Orne seemed “shocked” by the refusal, but he did not discuss the issue further with Porietis.- (Po-rietis Dep. at 59.) Unbeknownst to Poriet-is, Orne subsequently told LeDuc that Po-rietis was “a pain in the ass,” “that we need to ...

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Bluebook (online)
227 F. Supp. 3d 126, 2017 WL 27935, 2017 U.S. Dist. LEXIS 92, Counsel Stack Legal Research, https://law.counselstack.com/opinion/porietis-v-tradesmen-international-llc-med-2017.