Rosario v. Granada Mills, Inc.

142 F.R.D. 50, 1992 U.S. Dist. LEXIS 6065, 1992 WL 86475
CourtDistrict Court, D. Puerto Rico
DecidedApril 29, 1992
DocketCiv. No. 90-2258(PG)
StatusPublished
Cited by3 cases

This text of 142 F.R.D. 50 (Rosario v. Granada Mills, Inc.) is published on Counsel Stack Legal Research, covering District Court, D. Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rosario v. Granada Mills, Inc., 142 F.R.D. 50, 1992 U.S. Dist. LEXIS 6065, 1992 WL 86475 (prd 1992).

Opinion

OPINION AND ORDER

PEREZ-GIMENEZ, District Judge.

This is an action brought pursuant to Title VII of the Civil Rights Act of 1964 as amended by the Pregnancy Discrimination Act of 1978, 42 U.S.C. § 2000e, et seq. Plaintiff also prays that the Court use its pendent jurisdiction to entertain her claim based on Puerto Rico law. In the complaint, plaintiff alleges that she was submitted to a pattern and practice of discrimination by her employer, Granada Mills, Inc., and was eventually discharged therefrom for being pregnant. At this juncture in the proceedings, the defendant has moved for summary judgment pursuant to Fed.R.Civ.P. 56(c).

The Facts

There is an oft quoted saying among Civil Procedure professors in law schools throughout the United States which goes as follows: “no matter how strong a case you may have, not knowing your procedure will hurt your case.” This is precisely what has happened to plaintiff in the case at bar. Local Rule 311.12 of this District Court states in relevant part:

Upon any motion for summary judgment, there shall be served and filed annexed to the motion a separate, short, and concise statement of the material facts as to which the moving party contends there is no genuine issue to be tried and the basis of such contention as to each material fact, properly supported by specific reference to the record.
All material facts set forth in the statement required to be served by the moving party will be deemed to be admitted unless controverted by the statement required to by the opposing party.

Said rule has repeatedly been endorsed by our Circuit. See Rivas v. Federación de Asociaciones Pecuarias, 929 F.2d 814, 816 n. 2 (1st Cir.1991); Laracuente v. Chase Manhattan Bank, 891 F.2d 17, 19 (1st Cir.1989). In the case at bar, plaintiff has failed to provide such a statement together with her opposition to defendant’s motion for summary judgment.1 Thus, for pur[51]*51poses of this opinion, the Court shall deem the facts presented in the defendant’s statement of material facts as being the uncontroverted facts of this case2.

The Standard for Summary Judgment

Summary judgment is appropriate when “there is no genuine issue as to any material fact” and the moving party is “entitled to judgment as a matter of law.” See Fed.R.Civ.P. 56(c). The burden on a moving party that does not bear the burden of proof at trial “may be discharged by ‘showing’—that is, pointing out to the district court—that there is an absence of evidence to support the nonmoving party’s case.” Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 2554, 91 L.Ed.2d 265 (1986).

Discussion

There are three methods through which a plaintiff in a Title VII case can prove discrimination. First, the plaintiff can present statistical evidence. See Teamsters v. United States, 431 U.S. 324, 97 S.Ct. 1843, 52 L.Ed.2d 396 (1977). Second, the plaintiff can present direct evidence of discrimination. See Slack v. Havens, 7 Fair Empl.Prac.Cas. 885, 1973 WL 339 (S.D.Cal.1973), affd as modified, 522 F.2d 1091 (9th Cir.1975). Finally, the plaintiff can create a prima facie case of discrimination by satisfying the four pronged test set forth in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973).

A. Statistical evidence of .discrimination

In the case at bar, plaintiff has not offered any statistical evidence to support her position. Contrariwise, defendant has undisputedly shown that Granada Mills employs about 240 employees, mostly females 3, and that during the past ten years 102 of these females have been pregnant, one having four pregnancies, two having three pregnancies, and eighteen having two pregnancies4. Each of these employees received maternity benefits and returned to work5. Defendant’s position is further strengthened by the fact that plaintiff herself was originally hired while she was pregnant6.

B. Direct evidence of discrimination

In her complaint, plaintiff alleges two instances of discriminatory remarks by her superiors. First, she alleges that when she showed her positive pregnancy test to her supervisor, Matilde Berrios, she made the following remark: “you are fucked you’re hot with Carmen Iris.”7 When plaintiff asked why, Ms. Berrios answered: “Carmen Iris does not like for fast operator to get pregnant because they get slow and the production decrease [sic] they get slow and the production decrease and also because pregnant workers lost to [sic] time in medical appointment.”8 The second such incident allegedly occurred when plaintiff asked permission to undergo a sonogram test. When Carmen Iris Ortiz was informed of such request she stated: “you women when pregnant should stay in your home you lose too much time in medical appointments.”9

The above stray discriminatory remarks by themselves, even though made by plaintiff’s direct supervisor, are insufficient to avoid summary judgment for the defendant. See Merrick v. Farmers Insurance Group, 892 F.2d 1434, 1438 (9th Cir.1990); Smith v. Firestone Tire and Rubber Co., 875 F.2d 1325, 1330 (7th Cir.1989). Rather, the plaintiff must show that the employer actually relied on gender in making its decision. Price Waterhouse v. Hopkins, 490 U.S. 228, 109 S.Ct. 1775, 1791, 104 [52]*52L.Ed.2d 268 (1989). Thus, the Court must determine whether plaintiff has presented any additional evidence to support her case.

According to plaintiff, after she showed the pregnancy test results to Matilde Berr-ios, who in turn showed them to Carmen Iris Ortiz, she was removed to another work station in the factory where there was no incentive pay on piece work in excess of the daily work load.10 After complaining about this situation, plaintiff was thereafter allegedly moved back and forth from her regular position to other positions.

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Bluebook (online)
142 F.R.D. 50, 1992 U.S. Dist. LEXIS 6065, 1992 WL 86475, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosario-v-granada-mills-inc-prd-1992.