Taglia v. Pabst Brewing Co.

611 F. Supp. 1, 38 Fair Empl. Prac. Cas. (BNA) 281, 1983 U.S. Dist. LEXIS 12331
CourtDistrict Court, W.D. Michigan
DecidedOctober 26, 1983
DocketNo. K 82-308
StatusPublished
Cited by4 cases

This text of 611 F. Supp. 1 (Taglia v. Pabst Brewing Co.) is published on Counsel Stack Legal Research, covering District Court, W.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Taglia v. Pabst Brewing Co., 611 F. Supp. 1, 38 Fair Empl. Prac. Cas. (BNA) 281, 1983 U.S. Dist. LEXIS 12331 (W.D. Mich. 1983).

Opinion

OPINION

ENSLEN, District Judge.

This is an age discrimination suit brought by Anthony V. Taglia, a Michigan resident, against Pabst Brewing Company, Inc., a Delaware corporation with its princi[2]*2pal offices in Milwaukee, Wisconsin. As originally filed, the three count Complaint sought a judgment against Defendant in excess of $10,000 along with punitive and exemplary damages, attorney fees and costs under the following statutes and common law theories: (1) Age Discrimination in Employment Act (ADEA) as codified at 29 U.S.C. §§ 621, et seq.; (2) Elliott-Larsen Civil Rights Act as codified at M.C.L.A. §§ 37.2101, et seq.; (3) Plaintiffs alleged breach of a covenant of appurtenant to the employment relationship that Defendant would not breach Plaintiffs employment without just cause. This case was brought before the Court by virtue of its jurisdiction over federal questions and pendent state claims.

On October 25, 1983, the Court granted Plaintiffs Motion to Amend its Complaint so as to allege a fourth cause of action, negligent discharge of Plaintiff, and an additional basis for the Court’s jurisdiction, diversity of citizenship.

I.

Defendant has moved for summary judgment on those counts alleging violations of ADEA and the Elliott-Larsen Civil Rights Act. Since the only basis for this Court’s jurisdiction alleged in the original Complaint was the existence of a federal question, Defendant also requested that the case be dismissed if the Court granted summary judgment on the ADEA claim. Now that the Plaintiff has been allowed to plead diversity of citizenship — an allegation which Defendant has so far not refuted— the Court is not required to dismiss the case even if it grants Defendant’s Motion for Summary Judgment on Plaintiff's federal claim.

To warrant the grant of summary judgment, the moving party bears the burden of establishing the non-existence of any genuine issue of fact that is material to a judgment in his favor. Adickes v. S.H. Kress & Company, 398 U.S. 144, 147, 90 S.Ct. 1598, 1603, 26 L.Ed.2d 142 (1970); United States v. Articles of Device ... Diapulse, 527 F.2d 1008, 1011 (C.A.6 1976); Nunez v. Superior Oil Company, 572 F.2d 1119 (C.A.5 1978); Tee-Pak, Inc, v. St. Regis Paper Company, 491 F.2d 1193 (C.A.6 1974). If no genuine issue as to any material fact is established, the moving party is entitled to judgment as a matter of law. Chavez v. Noble Drilling Company, 567 F.2d 287 (C.A.5 1978); Irwin v. U.S., 558 F.2d 249 (C.A.5 1977).

In determining whether or not there are issues of fact requiring a trial, “the inferences to be drawn from the underlying facts contained in the (affidavits, attached exhibits, and depositions) must be viewed in the light most favorable to the party opposing the motion.” United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S.Ct. 993, 994, 8 L.Ed.2d 176 (1962); Bohn Aluminum & Brass Corporation v. Storm King Corporation, 303 F.2d 425 (C.A.6 1962). Even if the basic facts are not disputed, summary judgment may be inappropriate when contradictory inferences may be drawn from them. United States v. Diebold, supra; E.E.O.C. v. United Association of Journeymen & Apprentices of the Plumbing & Pipefitting Industry, Local 189, 427 F.2d 1091, 1093 (C.A.6 1970). In making this determination, the Court must make reference to the entire record and all well pleaded allegations are to be accepted as true. Dayco Corporation v. Goodyear Tire and Rubber Company, 523 F.2d 389 (C.A.6 1975); Holmes v. Insurance Company of North America, 288 F.Supp. 325 (D.C.Mich.1968); Mahler v. U.S., 196 F.Supp. 362 (D.C.Pa.1961). These guidelines will be adhered to as substantive issues of the motion are examined.

II.

The uncontroverted allegations of Plaintiff’s Complaint, Plaintiff’s Responses to Defendant’s Interrogatories and Plaintiff’s depositions show the following facts. Plaintiff, Anthony Taglia, was employed by Defendant Pabst Brewing Company, Inc. (Pabst) on February 1, 1954. Defendant is a well-known corporation engaged in the business of brewing and distributing beer. During his tenure, Plaintiff was a member [3]*3of Defendant’s sales department and progressed from the position of “Merchandiser” to that of “Lakes Division Manager”, a position in which he supervised the sale of Pabst beer in Michigan and Ohio. At the time of his termination on December 2, 1981, Plaintiff was 55 years old and had worked for Pabst for 28 years.

Plaintiff received a number of promotions during his tenure with Pabst. In 1959, he was transferred from Chicago, Illinois, where he had worked in the merchandising department, to Kalamazoo, Michigan, in order to become district manager for sales in southwestern Michigan. In 1967, Plaintiff became state, manager for sales in one-half of the State of Michigan and in 1969, assumed responsibility for sales in the entire state. Finally, Plaintiff became Lakes Division Manager in 1973, which was the position he held until his discharge in 1981. Defendant replaced Plaintiff with a 50 year old individual named Art Hutchinson. Despite Plaintiff’s belief that his age contributed to or was the reason for his dismissal, he never received any information from third parties employed by Defendant that this was actually the case.

The period between 1973 and 1981 was turbulent for Pabst in terms of declining sales and market share. From 1979 to 1981 its national sales on either a barrelage or dollar basis were decreasing at the rate of 10% per annum. This figure was commensurate with the sales decline in the Lakes Division. While such a precipitous drop in sales concerned Defendant, Plaintiff said that this was accepted because in 1978 the company changed marketing strategies by marketing a “premium” beer instead of a popularly priced beer. Nevertheless, from the mid-1970’s to 1981, Pabst’s position in the industry in terms of beer sales slipped from third to fourth.

Prior to his termination, Plaintiff had heard rumors about a reduction in the sales force. A company memorandum dated October 30, 1981 ordered all regional and division managers to evaluate the personnel supervised by them. The memorandum referred to depressed sales and the need to reassess manpower demands.

Not surprisingly, Plaintiff was not consulted as to which division managers would be terminated in the personnel reduction. Although Plaintiff knew that management was contemplating a reduction in the sales, his own termination came as a complete surprise. There were apparently five similarly situated employees dismissed at the beginning of December, 1981.

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Bluebook (online)
611 F. Supp. 1, 38 Fair Empl. Prac. Cas. (BNA) 281, 1983 U.S. Dist. LEXIS 12331, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taglia-v-pabst-brewing-co-miwd-1983.