Simpson v. Amylin Pharmaceuticals, Inc.

977 F. Supp. 2d 552, 2013 WL 5520006, 2013 U.S. Dist. LEXIS 143289
CourtDistrict Court, W.D. North Carolina
DecidedOctober 3, 2013
DocketCivil Case No. 1:11-cv-00301-MR-DLH
StatusPublished
Cited by1 cases

This text of 977 F. Supp. 2d 552 (Simpson v. Amylin Pharmaceuticals, Inc.) is published on Counsel Stack Legal Research, covering District Court, W.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Simpson v. Amylin Pharmaceuticals, Inc., 977 F. Supp. 2d 552, 2013 WL 5520006, 2013 U.S. Dist. LEXIS 143289 (W.D.N.C. 2013).

Opinion

MEMORANDUM OF DECISION AND ORDER

MARTIN REIDINGER, District Judge.

THIS MATTER is before the Court on the Defendants’ Motion for Summary Judgment [Doc. 49].

I. PROCEDURAL BACKGROUND

The Plaintiff Jessica T. Simpson (“Plaintiff’) initiated this action on June 10, 2011 against the Defendant Amylin Pharmaceuticals, Inc. (“Amylin”) by filing a Complaint in the Buncombe County General Court of Justice, Superior Court Division, alleging that she was terminated from her employment on the basis of her sex and because of her pregnancy, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VII”), and in violation of North Carolina public policy. [Doc. 1-2]. An Amended Complaint was filed on September 6, 2011, adding Amylin employees Todd Billingsley (“Billingsley”), Denise Prindiville (“Prindiville”), and Caroline Espree (“Espree”) as defendants and asserting additional claims for gross negligence and tortious interference with contract against all named Defendants. [Doc. 1-3].

On November 8, 2011, the Defendants removed the action to this Court on the basis of federal question jurisdiction. [Doc. 1], Thereafter, the Defendants moved to dismiss the Plaintiffs gross negligence claim. [Doc. 3]. On April 9, 2012, 2012 WL 3240054, the Magistrate Judge entered a Memorandum and Recommendation recommending the dismissal of the gross negligence claim. [Doc. 7]. The Court adopted the Memorandum and Recommendation on August 7, 2012, 2012 WL 3240142. [Doc. 11]. Thereafter, the Court entered a Pretrial Order and Case Management Plan, setting a deadline of May 1, 2013 for the completion of all discovery and a deadline of June 1, 2013 for the filing of any dispositive motions, and setting this case for trial during the November 2013 trial term. [Doc. 16]. The discovery and motions deadlines were later extended to May 31, 2013 and June 14, 2013, respectively.1 [Doc. 39].

[556]*556On June 14, 2013, the Defendants filed the present Motion for Summary Judgment. [Doc. 49], The Plaintiff filed her Response on July 1, 2013 [Doc. 56], and the Defendants filed their Reply on July 11, 2013 [Doc. 69], The Court held an oral argument on the motion on August 30, 2013.

Having been fully briefed and argued, this matter is ripe for disposition.

II. STANDARD OF REVIEW

Summary judgment is proper “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). A fact is “material” if it “might affect the outcome of the case.” News and Observer Pub. Co. v. Raleigh-Durham Airport Auth., 597 F.3d 570, 576 (4th Cir.2010). A “genuine dispute” exists “if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

A party asserting that a fact cannot be genuinely disputed must support its assertion with citations to the record. Fed. R.Civ.P. 56(c)(1). “Regardless of whether he may ultimately be responsible for proof and persuasion, the party seeking summary judgment bears an initial burden of demonstrating the absence of a genuine issue of material fact.” Bouchat v. Baltimore Ravens Football Club, Inc., 346 F.3d 514, 522 (4th Cir.2003). If this showing is made, the burden then shifts to the non-moving party who must convince the Court that a triable issue does exist. Id.

In considering the facts for the purposes of a summary judgment motion, the Court must view the pleadings and materials presented in the light most favorable to the nonmoving party and must draw all reasonable inferences in the nonmoving party’s favor. Adams v. Trustees of the Univ. of N.C.-Wilmington, 640 F.3d 550, 556 (4th Cir.2011).

III. FACTUAL BACKGROUND

Viewing the forecast of evidence in the light most favorable to the Plaintiff, the following is a recitation of the relevant facts.

The Plaintiff was employed as a pharmaceuticals sales representative by Amylin from April 2005 through her termination in February 2010. [Amended Complaint, Doc. 1-3 at ¶¶ 10, 40; Simpson Dep., Doc. 51-2 at 21]. Amylin researches, develops and markets pharmaceuticals aimed primarily at the treatment of diabetes. [Amended Complaint, Doc. 1-3 at ¶ 2]. While an Amylin employee, the Plaintiff received annual performance reviews in which her work was consistently rated as acceptable overall. [See Simpson Aff., Doc. 57 at ¶ 2].

The Plaintiff had her first child, a daughter, in August 2008 while in the employ of Amylin. [Simpson Dep., Doc. 51-2 at 35]. She used FMLA leave (the first [557]*557two weeks of which were paid leave in accoi’dance with Amylin policy) for the birth of her daughter without any issues and returned to work twelve weeks later. [Id. at 35-39].

In the summer of 2009, Defendant Todd Billingsley became Plaintiffs District Manager after Amylin experienced substantial layoffs. [Id. at 26]. Defendant Denise Prindiville was Amylin’s Regional Director and Plaintiffs “one-over” manager. [Simpson Dep., Doc. 51-2 at 48; Prindiville Dep., Doc. 51 — 4 at 17].

For the first quarter of 2009, the Plaintiff ranked 25th in sales among the 80 Amylin sales representatives in her region. For the second quarter of 2009, she ranked 44th in sales among the 80 sales representatives. For the third quarter of 2009, she ranked 62nd overall. [Prindiville Dep., Doc. 66 at 136-46, 329-35; Billingsley Dep., Doc. 65 at 52-60, 67-75]. In her annual performance review for 2009, Billingsley stated that the Plaintiff had a “decent sales year” and gave her an overall acceptable rating. The only area ranked as less than acceptable was the timeliness of her submissions to the Lighthouse system, a computerized program in which the sales representatives entered information about their calls on physicians. [Billingsley Dep., Doc. 65 at 124-25].

A. The Events of January 12, 2010

On January 12, 2010, Plaintiff met Eli Lilly Sales Representative Jennifer Pearson for breakfast at the Cracker Barrel restaurant on Smokey Park Highway. [Simpson Dep., Doc. 51-2 at 101]. The breakfast ended at about 10:15 or 10:30 a.m. [Id. at 102]. The Plaintiff had previously arranged to take lunch to a medical practice in Morganton about 90 minutes away. [Id. at 102-03]. The Plaintiff testified that she generally gets to offices for lunches by 11:30 a.m. [Id. at 119]. The Plaintiff decided not to drive to Morganton to deliver lunch because it was snowing at the Cracker Barrel. [Id. at 102-03, 105-06,108-09].

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977 F. Supp. 2d 552, 2013 WL 5520006, 2013 U.S. Dist. LEXIS 143289, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simpson-v-amylin-pharmaceuticals-inc-ncwd-2013.