Smith v. Home Depot U.S.A., Inc.

102 F. Supp. 3d 867, 2015 U.S. Dist. LEXIS 45335, 2015 WL 1539274
CourtDistrict Court, E.D. Louisiana
DecidedApril 7, 2015
DocketCivil Action No. 13-6421
StatusPublished
Cited by7 cases

This text of 102 F. Supp. 3d 867 (Smith v. Home Depot U.S.A., Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. Home Depot U.S.A., Inc., 102 F. Supp. 3d 867, 2015 U.S. Dist. LEXIS 45335, 2015 WL 1539274 (E.D. La. 2015).

Opinion

ORDER

KURT D. ENGELHARDT, District Judge.

Now before the Court is Defendant’s Motion for Summary Judgment (Rec. Doc. 61). Plaintiff filed a response in opposition (Rec. Doc. 65), and Defendant filed a reply (Rec. Doc. 75).

For- the reasons stated herein, IT IS ORDERED that Defendant’s Motion (Rec. Doc. 61) is hereby GRANTED.

I. Background

Plaintiff, Valerie Smith, is an African American female and is 45 years of age. (Rec. Doc. 65. at p. 1). Plaintiff began working for Defendant, Home Depot U.S.A., Inc, (“Home Depot”), in 2001. (Id.). Plaintiff has held the following positions with Defendant: cashier, return clerk, freight team member, plumbing associate, receiving clerk, front end supervisor, and electrical supervisor, among others. (Id.). In 2007, Plaintiff became Front End Supervisor of Store 365 in Slidell, Louisiana. (Rec. Doc. 61 at p. 2). Sometime between 2009 and 2010, Plaintiff took and passed the Retail Management Assessment (“RMA”), the test required to be promoted to a management position with Defendant. (Compare Rec. Doc. 61 at p. 3 and Rec. Doc. 65 at p. 1). However, the RMA scores expire after two years. [872]*872(Rec. Doc. 65 at p. 2). Accordingly, Plain-, tiff retook and, again, passed the RMA in June 2012. (Id.). Also in June 2012, Plaintiff inquired about an Assistant Store Manager (“ASM”) position at the Laplace store. (Rec. Doc. 61-1 at p. 4). Plaintiff interviewed for the Laplace position on July 2, 2012, but she did not receive an offer for the position. (Rec. Doc. 65 at p. 3). Instead, the position was filled by Jacqueline Bourg, a Caucasian female, 34 years of age, who' was an ASM at another store within the district prior to taking the Laplace position. (Rec. Doc. 61-1 at p. ID-

Sometime between February and March of 2013, Plaintiff -also interviewed for a position as the Merchandising ASM at the Picayune store. (Rec. Doc: 65 at p. 5; Rec. Doc. 61-1 at p. 4). The position was ultimately offered to Clint Charles.1 In September 2013, Plaintiff became aware of a position, for which she did not apply and was not offered to interview, at the Covington store that was eventually filled by Louis Depascaul, a Caucasian male. (Rec. Doc. 65 at p. 5,14).

On June 7, 2012, Plaintiff called, and allegedly emailed thereafter, AACG, Home Depot’s Human Resource call center, to complain that she had not been promoted and that her supervisor, Scott Corry, a Caucasian male, threatened to transfer her to Millwork, a separate department within the Slidell store. (Id. at p. 3) In addition, on July 6, 2012, Plaintiff called AACG to complain about not being promoted. (Id.). On September 29, 2012, Plaintiff again called AACG with complaints. (Id.).. In October 2012, Plaintiff filed a charge with the EEOC for discrimination, hostile work environment, and retaliation. On November 17, 2013, Plaintiff filed the instant suit. The following day, on November 18, 2015, she was transferred to serve as the Electrical Department Supervisor for the Slidell store. (Id.; Rec. Doc. 61-1 at p. 6).

II. Summary Judgment Standard

Pursuant to Rule 56(a) of the Federal Rules of Civil Procedure, summary judgment shall be granted “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(a). The materiality of facts is determined by the substantive law’s identification of which facts are critical and which facts are irrelevant. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986). A fact is material if it “might affect the outcome of the suit under the governing law.” Id.

If the dispositive issue is one on which the nonmoving party will bear the burden of proof at trial, the moving party may satisfy its summary judgment burden by merely pointing out that the evidence in the record contains insufficient proof concerning an essential element of the non-moving party’s claim. See Fed.R.Civ.P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 2554, 91 L.Ed.2d 265 (1986); see also Lavespere, Liberty Mut. Ins. Co. v. Niagara Machine & Tool Works, Inc., 910 F.2d 167, 178 (5th Cir. 1990). Once the moving party carnes its burden pursuant to Rule 56(a), the non-moving party must “go beyond the pleadings and by [his] own affidavits, or by the ‘depositions, answers to interrogatories, and admissions on file,’ designate ‘specific facts showing that there is a genuine issue for trial.’ ” Celotex, 477 U.S. at 324, 106 S.Ct. at 2553; see also Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 [873]*873U.S. 574, 587, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986); Auguster v. Vermilion Parish School Bd., 249 F.3d 400, 402 (5th Cir.2001).

When considering a motion for summary-judgment, the Court views the evidence in the light most favorable to the nonmoving party, Gillis v. Louisiana, 294 F.3d 755, 758 (5th Cir.2002), and draws all reasonable inferences in favor ■ of that party. Hunt v. Rapides Healthcare System, L.L.C., 277 F.3d 757, 764 (2001). Factual controversies are to be resolved in favor of the nonmoving party, “but only when there is an actual controversy, that is, when, both parties have submitted evidence of contradictory facts.” Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir.1994) (citations omitted). The Court will not, “in the absence of any proof, assume that the non-moving party could or would prove the necessary facts.” See id. (emphasis in original) (citing Lujan v. Nat’l Wildlife Fed’n, 497 U.S. 871, 888, 110 S.Ct. 3177, 3188, 111 L.Ed.2d 695 (1990)).

Although the Court is to consider, the full record in ruling on a motion for summary judgment, Rule 56 does not obligate it to search for evidence to support a party’s opposition to summary judgment. See Fed.R.Civ.P. 56(c)(3)(“court need consider only the cited materials”); Malacara v. Garber, 353 F.3d 393, 405 (5th Cir. 2003)(‘When evidence exists in the' summary judgment record but the nonmovant fails even to refer to it in the response to the motion for summary judgment, that evidence is not properly before the district court.”). Thus, the nonmoving party should “identify specific evidence in the record, and articulate” precisely how that evidence supports' his claims. Forsyth v. Barr, 19 F.3d 1527, 1537 (5th Cir.), cert. denied, 513 U.S. 871, 115 S.Ct.

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102 F. Supp. 3d 867, 2015 U.S. Dist. LEXIS 45335, 2015 WL 1539274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-home-depot-usa-inc-laed-2015.