Swann v. Time Warner Entertainment Co.

126 F. Supp. 3d 973, 2015 U.S. Dist. LEXIS 167504, 2015 WL 8767397
CourtDistrict Court, S.D. Ohio
DecidedDecember 15, 2015
DocketCase No. 3:13-cv-42
StatusPublished
Cited by6 cases

This text of 126 F. Supp. 3d 973 (Swann v. Time Warner Entertainment Co.) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Swann v. Time Warner Entertainment Co., 126 F. Supp. 3d 973, 2015 U.S. Dist. LEXIS 167504, 2015 WL 8767397 (S.D. Ohio 2015).

Opinion

DECISION AND ENTRY: (1) GRANTING DEFENDANT’S MOTIONS FOR SUMMARY JUDGMENT (DOCS. 47, 49, 50, 51, 52, 53, 54); (2) DENYING DEFENDANT’S MOTION TO STRIKE EXPERT TESTIMONY AS MOOT (DOC. 48); AND (3) TERMINATING THIS CASE ON THE COURT’S DOCKET

Michael J. Newman, United States Magistrate Judge

This is an employment discrimination consent case brought by seven African American former employees of Defendant Time Warner Entertainment Company, L.P. (“TWC”). Plaintiffs seek relief under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(l), and the corresponding provision of Ohio law, Ohio Rev. Code § 4112.02(A). See doc. 4 at PagelD 42-46. Racial discrimination claims brought under these two statutes are analyzed under the same legal framework. Wheat v. Fifth Third Bank, 785 F.3d 230, 237 n. 3 (6th Cir.2015); Laughlin v. City of Cleveland, No. 15-3486, 2015 WL 8290037, at *2 (6th Cir. Dec. 9, 2015) (per curiam).

Following the discovery deadline, during which the parties engaged in extensive and significant discovery efforts over approximately two years, TWC moved for summary judgment on all of Plaintiffs’ claims — namely, claims alleging race discrimination on both disparate treatment1 and disparate impact theories. See docs. 47, 49, 50, 51, 52, 53, 54. Plaintiffs filed memoranda in opposition to the summary judgment motions. Docs. 57, 59. TWC then [977]*977filed reply memoranda. Docs. 61, 63, 64, 65, 66, 67, 68. In addition to the motions for summary judgment, TWC filed a motion to strike the testimony of Plaintiffs’ expert -witness, Richard Stock, Ph.D. (doc. 48), to which Plaintiffs filed a memorandum in opposition (doc. 58), and TWC filed a reply (doc. 62). These motions are now ripe for review.

In conducting its summary judgment review, the Court has extensively and carefully reviewed all of the foregoing documents, as well as.all of the Rule 56 evidence cited by the parties. The Court stresses the seriousness with which it has undertaken this review — as it does in all cases involving allegations of racial or any other form of alleged discrimination. Following this careful and exhaustive review, the Court finds that Plaintiffs, even when all of the facts are viewed in the light most favorable to them, have failed to satisfy their prima facie burden regarding both their disparate treatment and disparate impact claims.2

I.

A motion for summary judgment should be granted if the evidence submitted to the Court demonstrates that there is no genuine issue as to any material fact and that the movant is entitled to summary judgment as a matter of law. Fed. R. Civ. P. 56; see also Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). “Summary judgment is only appropriate ’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 a judgment as a matter of law’.” Keweenaw Bay Indian Comm. v. Rising, 477 F.3d 881, 886 (6th Cir.2007) (quoting Fed. R. Civ. P. 56(c)). ‘Weighing of the evidence or making credibility determinations are prohibited at summary judgment — rather, all facts must be viewed in the light most favorable to the non-moving party.” Id.

Once “a motion for summary judgment is properly made and supported, an opposing party may not rely merely on allegations or denials in its own pleading[J” Viergutz v. Lucent Techs., Inc., 375 Fed.Appx. 482, 485 (6th Cir.2010) (citation omitted). Instead, the party opposing summary judgment has a shifting burden and “must — by affidavits or as otherwise provided in this rule — set out specific facts showing a genuine issue for trial.” Id. (citation omitted). Failure “to properly address another party’s assertion of fact as required by Rule 56(c)” could result in the Court “considering] the fact undisputed for purposes of the motion.” Fed. R. Civ. P. 56(e)(2).

Finally, “there is no duty imposed upon the trial court to ’search the entire record to establish that it is bereft of a genuine issue of material fact’.” Buarino v. Brookfield Twp. Trustees, 980 F.2d 399, 404 (6th Cir.1992) (citations omitted). Instead, “[i]t is the attorneys, not the judges, who have interviewed the witnesses and handled the physical exhibits; it is the attorneys, not the judges, who have been present at the depositions; and it is the attorneys, not the judges, who have a professional and financial stake in case outcome.” Id. at 406. In other words, “the [978]*978free-ranging search for supporting facts is' a task for which attorneys in the case are equipped and for which courts generally are not.” Id.

II.

The parties, in briefing the issues presented on summary judgment, point to excerpts of Plaintiffs’ deposition testimony, as well as a significant number of authenticated TWC business records. See docs 47-1 at PagelD 1130-31; doc. 47-44 at Pa-gelD 2751-53; doc. 59-1 at PagelD 3784-85. In opposing TWC’s motion for summary judgment on the disparate impact claims, Plaintiffs rely on the evidence submitted by TWC in support of their arguments. See doc. 57. In opposing TWC’s motions concerning Plaintiffs’ disparate treatment claims, Plaintiffs rely on their deposition testimony. See doc. 59-1 at Pa-gelD 3784-85. Except where otherwise noted, the following summary of the evidence sets forth the material undisputed facts, as well as the disputed facts viewed in the light most favorable to Plaintiffs.

A. Background

Plaintiffs, all of whom are African American, worked for TWC as customer service technicians (“CSTs”) at TWC’s Turner Road location in Dayton, Ohio. Doc. 47-44 at PagelD 2754. In 2009, TWC implemented the “Start From Home” (“SFH”) program, which permitted CSTs to travel home in TWC vans at the end of the work day, and to travel in the same TWC vans directly from their homes to their service assignments the next day. Doc. 47-44 at PagelD 2754. SFH was a program TWC used throughout the country, not just at the Turner Road location in Dayton.3 See doc. 47-21 at PagelD 1868. Although CSTs were automatically subject to SFH, they were also able to opt out of SFH. Doc. 47-64 at PagelD 3183. The parties point to no evidence that any individual CST’s opt out request was ever denied by TWC. Doc. 47-44 at PagelD 2755-56.

All Plaintiffs in this case were participants in SFH. Doc. 47-44 at PagelD 2756.

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126 F. Supp. 3d 973, 2015 U.S. Dist. LEXIS 167504, 2015 WL 8767397, Counsel Stack Legal Research, https://law.counselstack.com/opinion/swann-v-time-warner-entertainment-co-ohsd-2015.