Shipman v. National Railroad Passenger Corp. (AMTRAK)

241 F. Supp. 3d 114, 2017 U.S. Dist. LEXIS 38580, 2017 WL 1047238
CourtDistrict Court, District of Columbia
DecidedMarch 17, 2017
DocketCivil Action No. 14-384 (CKK)
StatusPublished
Cited by12 cases

This text of 241 F. Supp. 3d 114 (Shipman v. National Railroad Passenger Corp. (AMTRAK)) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Shipman v. National Railroad Passenger Corp. (AMTRAK), 241 F. Supp. 3d 114, 2017 U.S. Dist. LEXIS 38580, 2017 WL 1047238 (D.D.C. 2017).

Opinion

MEMORANDUM OPINION

COLLEEN KOLLAR-KOTELLY, United States District Judge

Pursuant to Local Civil Rules 72.2 and 72.3, this Court referred this matter to Magistrate Judge Deborah A. Robinson for full case management up to but excluding trial, and a report and recommendation on any dispositive motion filed by any party. ECF No. 100. On January 31, 2017, Judge Robinson’s [122] Report and Recommendation was entered on Defendant’s [104] Motion for Summary Judgment, and the parties were allowed 14 days to file objections to the recommendations made by Judge Robinson. The parties were expressly instructed that the “objections shall specifically identify the portions of the findings and recommendations to which objection is made and the basis of each objection.” ECF No, 122 at 13. Plaintiff timely filed objections to the Report and Recommendation on February 13, 2017. ECF No- 123. Defendant opposed those objections, ECF No. 125, and Plaintiff has filed a reply, ECF No. 126.

“Any party may file ... written objections to the magistrate judge’s proposed findings and recommendations,”- and must “specifically identify the portions of the proposed findings and recommendations to which objection is made and the basis for the objection.” LCvR 72.3(b). Upon the filing of objections, the “district judge [must] make a de novo determination of those portions of a magistrate judge’s findings and recommendations to which objection is made,” and may do so “based solely on the record developed before the magistrate judge, or may conduct a new hearing, receive further evidence, and recall witnesses.” LCvR 72.3(c). The “district judge may accept, reject, or modify, in whole or in part, the findings and recommendations of the magistrate judge, or may recommit [117]*117the matter to the magistrate judge with instructions.” Id.

Plaintiffs objections are not directed at any specific portion of the Report and Recommendation. Rather, Plaintiff relays his generalized concerns regarding racism and other injustices in the United States, and the federal court system more specifically. Although the Court in no way seeks to minimize those concerns, they are not pertinent as a legal matter to the resolution of Plaintiffs lawsuit against Defendant. Accordingly, upon careful consideration of the record in this case and of Magistrate Judge Robinson’s well-reasoned and thorough Report and Recommendation, the Court ADOPTS and ACCEPTS the [122] Report and Recommendation in full, and therefore GRANTS Defendant’s [104] Motion for Summary. Judgment.

An appropriate Order accompanies' this Memorandum Opinion.

REPORT AND RECOMMENDATION

DEBORAH A. ROBINSON, United States Magistrate Judge

Plaintiff commenced this action against Defendant, National Railroad Passenger Corporation (“Amtrak”), alleging that the Defendant discriminated against him on the basis of race, gender, and age, as an “African-American male over 50[,]” by removing the typing requirement from his job description and denying him promotional opportunities. See Complaint (ECF No. 1) at 2. Plaintiff also alleges that the Defendant retaliated against him for filing an internal complaint with the Equal Employment Opportunity Commission (“EEOC”).1 Id. at 2. Pending for consideration by the undersigned is Defendant’s Motion for Summary Judgment (ECF No. 104). Upon consideration of the motion, the memoranda in support thereof and in opposition thereto, and the entire record herein, the undersigned recommends that Defendant’s motion be granted for the reasons articulated below.2

BACKGROUND

Plaintiff D’Rayfield Kary-Khame Ship-man began his term of employment with Amtrak as a statistical clerk on January 15, 2006. See EEOC Charge (ECF No. 1-1) at 36. After approximately seven years of employment as a statistical clerk with Amtrak, the statistical clerk- position was “decertified” and -Defendant removed the typing requirement from the position description. See Deposition of Thom Chawluk (ECF No. 104-4) at 3; Defendant’s Statement of Undisputed Material Facts (ECF No. 104-2) at 1; Exhibit 1 (ECF No. 1-1) at 50-51. Shortly thereafter, Plaintiff was “displaced” and reassigned to an evening shift with the same, job description. See Displacement Notice (ECF No. 1-1) at 59; see also Defendant’s Statement of Undisputed Material Facts (ECF No. 104-2) at 2.

On April 3, 2013, Plaintiff requested leave pursuant to the Family and Medical Leave Act of 1993 (“FMLA”), 29 U.S.C. §§ 2601-2654. Declaration of Latoya Warner (ECF No. 110-5) at 2. Plaintiffs request was denied by the Defendant on April -8, 2013 due to insufficient “medical certification.” Id. at 3. Upon reconsidera[118]*118tion of Plaintiffs request, however, the Defendant found Plaintiffs previous documentation of medical certification sufficient to establish his eligibility for leave and approved his April 2013 request. Id. Plaintiff was granted leave and exhausted his twelve-week period of allotted leave under the FMLA. Id.

While Plaintiff was on medical leave, the Defendant abolished the statistical clerk position in its entirety due to a decision to automate the delayed reporting system that was previously administered manually by statistical clerks. See Deposition of Thom Chawluk (ECF No. 110-3) at 3; Defendant’s Statement of Undisputed Facts (ECF No. 104-2) at 3.

On December 4, 2013, Plaintiff filed a charge of discrimination with the EEOC alleging that from April 2013 to September 2013, the Defendant subjected him to differential treatment by: (1) denying him leave under the FMLA in April of 2013 and (2) removing the typing qualification from the statistical clerk position in September of 2013, in violation of Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (“ADEA”) and the American with Disabilities Act (“ADA”). EEOC Charge (Exhibit 1) (ECF No. 1-1) at 36.

On March 11, 2014, Plaintiff filed a complaint in this Court, alleging discrimination on the basis of race, gender and age, which resulted in the denial of promotional opportunities, and retaliation for filing an internal complaint challenging the corporation’s decision to remove the typing requirement from the statistical clerk position. See Complaint (ECF No. 1) at 2. Plaintiffs complaint made no mention of the claims of discrimination based on disability or a violation of the FMLA, which he previously raised at the administrative level. Plaintiff did, however, raise several new allegations in his complaint, claiming that several white employees, who allegedly lacked the requisite typing credentials, were given preferential treatment in attaining employment and promotional opportunities as a result of the removal of the typing requirement. Id. Later, by way of his opposition to Defendant’s motion for summary judgment, Plaintiff challenged the completeness of the disclosure made by the Defendant under the Freedom of Information Act (“FOIA”), 5 U.S.C.A. § 552, in response to his April 2013 request for documents.

CONTENTIONS OF THE PARTIES

In its motion for summary judgment, made pursuant to Rule 56 of the

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Bluebook (online)
241 F. Supp. 3d 114, 2017 U.S. Dist. LEXIS 38580, 2017 WL 1047238, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shipman-v-national-railroad-passenger-corp-amtrak-dcd-2017.