Smith v. Detroit Edison Co.

793 F. Supp. 151, 1992 U.S. Dist. LEXIS 10073, 59 Fair Empl. Prac. Cas. (BNA) 1531, 1992 WL 156919
CourtDistrict Court, E.D. Michigan
DecidedJuly 7, 1992
DocketCiv. A. No. 91-72946
StatusPublished
Cited by1 cases

This text of 793 F. Supp. 151 (Smith v. Detroit Edison Co.) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. Detroit Edison Co., 793 F. Supp. 151, 1992 U.S. Dist. LEXIS 10073, 59 Fair Empl. Prac. Cas. (BNA) 1531, 1992 WL 156919 (E.D. Mich. 1992).

Opinion

ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

GADOLA, District Judge.

Defendants filed their motion for summary judgment May 15, 1992. Plaintiff was granted leave to file a late response, and defendants filed a reply June 18, 1992. Oral argument was heard June 24, 1992. The court finds that defendants are entitled to summary judgment.

BACKGROUND FACTS

Defendant Detroit Edison Company (“Edison”) is a privately owned, public utility engaged in the generation, distribution, and sale of electricity to customers in southeastern Michigan. Defendant Barzo is employed by Edison as a general foreman at the company’s Newport Service Center, Newport, Michigan. Plaintiff Smith, a black male, was originally hired by Edison in 1976.

Plaintiff has a work history that is replete with poor work performance, excessive absence, and infractions of company [152]*152rules. Smith’s poor employment record spans his fourteen years of employment and includes notes of disciplinary action, including unacceptable attendance, attempting to defraud the company by charging meals eaten by others, unauthorized use of a company vehicle, theft, being away from his work location without permission, and poor work performance-leader capacity. Smith was issued discipline regarding his poor work performance, his attendance, and his behavior.1

Smith was originally discharged for theft February 10, 1988. However, at his union's pleadings, Edison gave plaintiff another chance; and plaintiff was re-hired,as a new (probationary) employee pursuant to a “last chance letter” reached by the parties. Defendants’ ex. 12. The letter stated, “Mr. Smith understands his continued employment with The Detroit Edison Company will be dependent upon him [sic] being and remaining a completely acceptable employe [sic] in all respects.” Id.

Less than four months after his re-hiring, a fact finding meeting was convened in accordance with the collective bargaining agreement to make a decision regarding possible discipline. This resulted in an extension of Smith’s probationary period to May 22, 1989.

In March 1990, Edison was prepared to discipline plaintiff regarding property damage to a back yard in Monroe, Michigan. However, because of a storm that hit the area, management felt too much time had lapsed; and the issuance of discipline would no longer be timely. However, plaintiff was aware of the matter and was again warned by management regarding unnecessary damage to customers’ property-

On or about September 11, 1990, the City of Trenton complained to Edison about extensive damage to a city jogging trail which was attributed to one or more Edison vehicles. Plaintiff was subsequently dismissed after several fact finding meetings had determined that plaintiff had been the crew leader for that job.

Plaintiff instituted the instant action claiming race discrimination pursuant to the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.; Michigan’s Elliot-Larsen Civil Rights Act, Mich.Comp.Laws Ann. § 37.2101 et seq.; and the common law tort of intentional infliction of emotional distress. The court sua sponte dismissed the state law claims in its July 12, 1991 order. Thus, all that remains of the instant action is plaintiff’s federal race discrimination claim.

STANDARD OF REVIEW

Under Rule 56(c) of the Federal Rules of Civil Procedure, summary judgment may be granted “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” “A fact is ‘material’ and precludes grant of summary judgment if proof of that fact would have [the] effect of establishing or refuting one of the essential elements of the cause of action or defense asserted by the parties, and would necessarily affect [the] application of appropriate principle^] of law to the rights and obligations of the parties.” Kendall v. Hoover Co., 751 F.2d 171, 174 (6th Cir. 1984) (citation omitted) (quoting Black’s Law Dictionary 881 (6th ed. 1979)). The court must view the evidence in a light most favorable to the nonmovant as well as draw all reasonable inferences in the non-movant’s favor. See United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S.Ct. 993, 994, 8 L.Ed.2d 176 (1962); Bender v. Southland Corp., 749 F.2d 1205, 1210-11 (6th Cir.1984).

The movant bears the burden of demonstrating the absence of all genuine issues of material fact. See Gregg v. Allen-Bradley Co., 801 F.2d 859, 861 (6th Cir.1986). The initial burden on the movant is not as formidable as some decisions have indicated. The moving party need not produce evidence showing the absence of a genuine issue of material fact. Rather, [153]*153“the burden on the moving party may be discharged by ‘showing’ — that is, pointing out to the district court — that there is an absence of evidence to support the nonmov-ing party’s case.” Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 2553-54, 91 L.Ed.2d 265 (1986). Once the moving party discharges that burden, the burden shifts to the nonmoving party to set forth specific facts showing a genuine triable issue. Fed.R.Civ.P. 56(e); Gregg, 801 F.2d at 861.

To create a genuine issue of material fact, however, the nonmovant must do more than present some evidence on a disputed issue. As the United States Supreme Court stated in Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249-50, 106 S.Ct. 2505, 2510-11, 91 L.Ed.2d 202 (1986).

There is no issue for trial unless there is sufficient evidence favoring the nonmov-ing party for a jury to return a verdict for that party. If the [nonmovant’s] evidence is merely colorable, or is not significantly probative, summary judgment may be granted.

(Citations omitted). See Catrett, 477 U.S. at 322-23, 106 S.Ct. at 2552-53; Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586-87, 106 S.Ct. 1348, 1355-56, 89 L.Ed.2d 538 (1986). The standard for summary judgment mirrors the standard for a directed verdict under Fed.R.Civ.P. 50(a). Anderson, 477 U.S. at 250, 106 S.Ct. at 2511.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

(PC) Hernandez v. Marcelo
E.D. California, 2022

Cite This Page — Counsel Stack

Bluebook (online)
793 F. Supp. 151, 1992 U.S. Dist. LEXIS 10073, 59 Fair Empl. Prac. Cas. (BNA) 1531, 1992 WL 156919, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-detroit-edison-co-mied-1992.