Wilson v. Lear Seating Corp.

258 F. Supp. 3d 916
CourtDistrict Court, N.D. Indiana
DecidedJune 14, 2017
DocketNO. 2:14-CV-374
StatusPublished
Cited by3 cases

This text of 258 F. Supp. 3d 916 (Wilson v. Lear Seating Corp.) 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
Wilson v. Lear Seating Corp., 258 F. Supp. 3d 916 (N.D. Ind. 2017).

Opinion

OPINION AND ORDER

RUDY LOZANO, United States District Judge

This matter is before the Court on the Defendant’s Motion for Summary Judgment, filed by Lear Seating Corporation (“Lear”) on May 5, 2016 (DE # 19), and Defendant’s Motion to Strike Inadmissible Hearsay Evidence filed by Lear on July 1, 2016 (DE # 29). For the reasons set forth below, Defendant’s Motion for Summary Judgment (DE # 19) is GRANTED, and Defendant’s Motion to Strike (DE # 29) is GRANTED. Accordingly, this case is DISMISSED with prejudice and the Clerk is DIRECTED to CLOSE this case.

BACKGROUND

Plaintiff Tamika Wilson (“Wilson”) had been employed by Lear from 2000 until 2013. In January 2012, Wilson filed a com[919]*919plaint of sexual harassment by a co-worker, and as a result, Lear fired the coworker. Wilson alleges that after the termination of this co-worker, she was subjected to severe and pervasive harassment and retaliatory conduct by her other coworkers and her supervisor. In June 2013, Wilson filed a charge of sex discrimination and retaliation with the Equal Employment Opportunity Commission (“EEOC”). Three months after filing this charge, Lear suspended Wilson for performance. Lear terminated Wilson’s employment on October 28, 2013.

Wilson filed this action asserting that Lear had retaliated against her in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e, et seq. -Lear denies that it violated Title VII, and filed the instant motion for summary judgment. This motion has been fully briefed and is ripe for adjudication. Lear also filed a motion to strike certain evidence Wilson submitted in response to Lear’s summary judgment motion. Wilson did not respond to Lear’s motion to strike.

DISCUSSION

Motion to Strike

Lear’s motion to strike urges the Court to strike the alleged declarations of union representative Sherri Franciski (“Franciski”) as inadmissible hearsay. Wilson failed to respond to this motion, which is a sufficient reason to grant it. See generally Wojtas v. Capital Guardian Tr. Co., 477 F.3d 924, 926 (7th Cir. 2007) (failure to oppose an argument constitutes waiver). “It is the function of the Court, with or without a motion to strike, to carefully review the evidence and to eliminate from consideration any argument, conclusions, and assertions unsupported by the documented evidence of record offered in support of the statement.” Wajvoda v. Menard, Inc., No. 2:11-CV-393, 2015 WL 5773648, at *3 (N.D. Ind. Sept. 30, 2015) (citations omitted). As such, the Court will consider the merits of Lear’s motion to strike.

In response to Lear’s motion for summary judgment, Wilson relies on evidence that Franciski said that “there’s a witch hunt after you [Wilson]. They do not want you in here.” (DE # 27-1 at 40.) The only evidence that Wilson cites to support this assertion is testimony from her own deposition. Because she offers Franciski’s statements “to prove the truth of the matter asserted,” the statements are hearsay. Fed. R. Evid. 801(c); see Rogers v. Waukegan Pub. Sch. Dist. 60, 924 F.Supp.2d 940, 946 (N.D. Ill. 2013) (disregarding plaintiff’s testimony as hearsay where he testified to the statement of an out-of-court declarant in an attempt to establish the truth of the matter asserted by the declarant — that a group was “out to get” plaintiff and wanted to replace him). “A party may not rely upon inadmissible hearsay to oppose a motion for summary judgment.” Gunville v. Walker, 583 F.3d 979, 985 (7th Cir. 2009) (citations omitted). Therefore, Lear’s motion to strike (DE #29) is GRANTED.

Motion for Summary Judgment

Summary judgment must be granted when “there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). A genuine dispute of material fact exists when “the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Not every dispute between the parties makes summary judgment inappropriate; “[o]nly disputes over facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgment.” Id. To determine whether a genuine dispute of ma-[920]*920ferial fact' exists, the Court -must construe all facts in the light most favorable to the nonmoving party and draw all reasonable inferences in that party’s favor. See Ogden v. Atterholt, 606 F.3d 355, 358 (7th Cir. 2010).

A party opposing a properly supported summary judgment motion may not rely on allegations in her own pleading but rather must “marshal and present the court with the evidence she contends will prove her case.” Goodman v. Nat'l Sec. Agency, Inc., 621 F.3d 651, 654 (7th Cir. 2010). “[Ijnferences relying on. mere speculation or conjecture will not suffice,” Stephens v. Erickson, 569 F.3d 779, 786 (7th Cir. 2009) (citation omitted). If the non-moving party fails to establish the existence of an essential element on which she bears the burden of proof at trial, summary judgment is proper. See Massey v. Johnson, 457 F.3d 711, 716 (7th Cir. 2006). Facts

.In August 2000, Lear hired Wilson to work at Lear’s facility in Hammond, Indiana, where she assisted in assembling vehicle seats. Wilson was represented by UAW and its Local 2335 (“Union”). The Hammond facility had rules of employee conduct, a sexual, harassment policy, and a progressive discipline system. Lear’s sexual harassment policy provides that “[n]o associate will suffer reprisal or retaliation as a result of reporting complaints of sexual harassment.” (DE # 21-2 at 5.) Under the progressive discipline system, employees who violate rules or engage in misconduct may receive a series of increasingly more severe corrective actions. In the event of sufficiently serious misconduct, Lear could skip a step in the progression and implement serious corrective action such as suspension or discharge. Upon the request of the Union, Lear could agree to repeat a step rather than moving to the next step in the progression.

On January 17, 2008, Wilson received a verbal warning for violating the rule against wasting time or loitering during work hours. Three years later, on January 19, 2011, Wilson received a verbal warning for violating the rule against making scrap, re-work or careless workmanship. Wilson received a verbal warning for the same conduct a few weeks later, on December 1, 2011. On December 21, 2011, Wilson received a verbal warning for wasting time or loitering during work hours. Wilson doesn’t recall the circumstances surrounding of any of these verbal warnings.1

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