Trina Gregory v. Bimbo Bakeries USA, Inc.

CourtDistrict Court, N.D. Indiana
DecidedApril 30, 2026
Docket3:24-cv-00544
StatusUnknown

This text of Trina Gregory v. Bimbo Bakeries USA, Inc. (Trina Gregory v. Bimbo Bakeries USA, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Trina Gregory v. Bimbo Bakeries USA, Inc., (N.D. Ind. 2026).

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION

TRINA GREGORY,

Plaintiff,

v. Case No. 3:24-CV-544-CCB

BIMBO BAKERIES USA, INC.,

Defendant.

OPINION AND ORDER On July 3, 2024, Plaintiff Trina Gregory filed the initial complaint in this case. (ECF 1). In it, she alleged that her employer, Defendant Bimbo Bakeries USA, Inc., (“BBU”) violated Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. (“Title VII”), and the Civil Rights Act of 1866, as amended, 42 U.S.C. § 1981. (Id.) She has since amended her complaint twice and dropped her Title VII claim. Her § 1981 claim is the only claim remaining. (ECF 18). On February 17, 2026, BBU moved for summary judgment against Ms. Gregory. (ECF 47). Ms. Gregory has not responded. The Court grants BBU’s motion for the following reasons. I. RELEVANT BACKGROUND As required by the local rules of this district, BBU filed a statement of material facts to accompany its motion for summary judgment. (ECF 48). Ms. Gregory did not respond to this statement of facts. Accordingly, the Court deems admitted those facts in BBU’s statement that are supported by evidence in the record. Keeton v. Morningstar, Inc., 667 F.3d 877, 884 (7th Cir. 2012). The Court summarizes these supported facts below.

BBU is a commercial baking company. (ECF 48-1 at 9:12–18). Ms. Gregory began working at BBU’s Elkhart, Indiana, facility as a Food Safety Environmentalist on November 1, 2010. (Id. at 9:13–15, 18:1–8). After five years, she changed roles, becoming a Bun Line Technician. (Id. at 18:19–23). In 2019, she became a Line Lead on the bun line. (Id. at 22:6–8). A Line Lead is responsible for ensuring the line runs correctly, filling in for any open positions, and acting as the supervisor’s eyes and ears. (Id. at 22:12–23:15).

Line Leads are expected to exhibit leadership qualities, including leading by example and abiding by BBU’s policies and procedures. (ECF 48-7 ¶ 9). When Ms. Gregory became Line Lead, her direct superior was Resource Leader Chris Wade. (Id. at 11:18– 19, 23:16–21). In or around 2020, Mr. Wade was replaced as Resource Leader by Gilberto Petrasevicius, a Hispanic man. (Id. at 25:4–10; ECF 48-7 ¶ 10).

Between 2021 and 2023, Ms. Gregory was involved in several altercations with other BBU employees. In or around June 2021, Ms. Gregory asked Mr. Petrasevicius to give her a white tub for buns. (ECF 48-1 at 33:9–25). He responded by yelling at Ms. Gregory, pointing his finger in her face, and telling her that he was her supervisor and she was going to have to learn some respect. (Id.) Ms. Gregory reported the incident to

Human Resources Manager Sheila Houser but did not file a grievance. (Id. at 50:24– 51:17). Ms. Houser told Ms. Gregory that Ms. Houser would speak with Mr. Petrasevicius about the incident. (Id. at 51:14–17). In a separate incident, Mr. Petrasevicius also yelled at Ms. Dumas, a Black female BBU employee, making her cry. (Id. at 65:1–20, 67:11–14). Ms. Gregory and Ms. Dumas

both reported the incident to Ms. Houser. (Id. at 68:25–70:13). Ms. Gregory did not tell Ms. Houser that she believed Mr. Petrasevicius was discriminating against Ms. Gregory and Mr. Dumas based on race. (Id. at 69:10–70:13). In 2022, Ms. Gregory asked Adrianna Martinez, a “Caucasian/Mexican” coworker, to put her line gate down and stop feeding buns to other lines, as those other lines were getting overloaded. (Id. at 55:6–56:22). Ms. Martinez responded by hitting her

hand with her fist in a threatening manner and telling Ms. Gregory, “[y]ou don’t tell me how to do my job.” (Id. at 55:10–57:14). When Ms. Gregory walked away, Ms. Martinez asked her, “[w]hy are you running?” (Id.) Ms. Gregory reported the incident to Mr. Wade, who told Ms. Gregory that he would take care of it. (Id. at 56:17–25). Ms. Martinez was terminated shortly thereafter. (Id. at 56:21–22, 57:1–5).

In 2022 or 2023, Chris Romphy, a white BBU employee, put his finger in Ms. Gregory’s face and started cursing at her after she suggested he turn up the conveyor belt speed on his line. (Id. at 57:20–58:22). Debbie Dumas, another employee who witnessed the incident went and got Mr. Wade. (Id. at 59:14–17). Mr. Wade told Ms. Gregory that she needed to “handle the situation” next time. (Id. at 59:18–24).

In October 2022, BBU received a written complaint signed by more than thirty employees about the behavior of Ms. Gregory and two other employees. (ECF 48-7 ¶ 11). The employees complained that Ms. Gregory would mistreat them, yell, and humiliate them. (Id. ¶ 12). Ms. Gregory and the other two employees were suspended pending an investigation of the complaint. (Id. ¶ 13). During the investigation, BBU interviewed dozens of individuals who signed the complaint and found that the

allegations made in the complaint were substantiated. (Id. ¶ 14). BBU’s “Respect in the Workplace” policy provides that “[v]erbal, visual or physical conduct by any associate, applicant, customer, vendor, contractor or visitor that unreasonably interferes with an associate’s work performance or creates an intimidating, offensive, abusive or hostile work environment will not be tolerated.” (Id. at 10). The policy requires employees to promptly report any inappropriate conduct and

details ways to report such conduct. (Id. at 11). As a result of the investigation, BBU concluded that Ms. Gregory had violated that policy. (Id. ¶ 15). It issued Ms. Gregory a final written warning, in effect for twelve months. (Id.) Any further violations of BBU policy while a final written warning remained in effect would be reviewed for disciplinary action up to and including termination. (Id. at 16). Mr. Petrasevicius was

not involved in the decision to suspend Ms. Gregory, or to issue her a final written warning. (Id. ¶ 17). On September 6, 2023, Ms. Gregory left her lines to help Bun Technician Bronson Wood with two lines that had gone down because the Line Lead for those lines, Narda Garcia, was at lunch. (ECF 48-1 at 82:20–83:3). Ms. Garcia returned to see Ms. Gregory

“screaming” at Mr. Wood. (ECF 48-7 at 16). Mr. Wood reported the incident to Ms. Houser, informing Ms. Houser that Ms. Gregory had been talking down to him and kept stepping on Ms. Garcia’s toes as Line Lead. (Id. at 15). Ms. Houser investigated the incident, considering statements from Mr. Wood, Ms. Garcia, and a witness. (Id. ¶ 19). She concluded that Ms. Gregory had once again violated the “Respect in the Workplace” policy by yelling at other employees on the line and not respecting the Line

Lead on shift. (Id. ¶ 20). Given Ms. Gregory’s prior violation of that policy, BBU demoted Ms. Gregory from her Line Lead position on September 13, 2023. (Id. ¶ 21). Neither Mr. Wade nor Mr. Petrasevicius were involved in the decision to demote Ms. Gregory. (Id. ¶ 22). Following Ms. Gregory’s demotion, BBU provided her with a list of open positions to choose from. (Id. ¶ 23). She chose to work as a Receiver in the Sanitation

Department. (Id.) In that role, Ms. Gregory reported to Food Safety Manager Paulina Zharare, a Black woman. (Id. ¶ 24). In November and December of 2023, Ms. Gregory had several disagreements with Ms. Zharare about her schedule and hours. (ECF 48-1 at 104:3–106:5). Ms. Gregory thought Ms. Zharare was excessively controlling. (Id. at 113:4–12). But while Ms. Gregory complained to human resources about Ms. Zharare,

she never complained that Ms. Zharare was discriminating against her because of her race or any other protected characteristic. (ECF 48-7 at 25). Ms.

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