Wimberg v. University of Evansville

761 F. Supp. 587, 1989 U.S. Dist. LEXIS 17501, 57 Fair Empl. Prac. Cas. (BNA) 89, 1989 WL 247137
CourtDistrict Court, S.D. Indiana
DecidedJune 28, 1989
DocketNo. EV 86-114-C
StatusPublished

This text of 761 F. Supp. 587 (Wimberg v. University of Evansville) is published on Counsel Stack Legal Research, covering District Court, S.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wimberg v. University of Evansville, 761 F. Supp. 587, 1989 U.S. Dist. LEXIS 17501, 57 Fair Empl. Prac. Cas. (BNA) 89, 1989 WL 247137 (S.D. Ind. 1989).

Opinion

MEMORANDUM

BROOKS, Chief Judge.

I. INTRODUCTION TO CASE

Plaintiff, Peggy Wimberg, began working for defendant, University of Evansville, in 1970 as Secretary to the Dean of the College of Fine Arts. With the exception of a two year period, 1972-1974, plaintiff continued to be employed in that position until March, 1984. The plaintiff’s absence from 1972 to 1974 is not relevant to this case.

In March, 1984 defendant, Dr. Vincent Angotti, who had been Dean of the College of Fine Arts since September, 1981 recommended that the plaintiff be removed from her position as his secretary. The reason stated by Dr. Angotti, and alleged to be true by all defendants, for plaintiff’s removal from her position, was that plaintiff exhibited a bad attitude, was insubordinate and performed unsatisfactory work. Plaintiff was terminated and escorted off the campus of the University on or about March 12, 1984.

Plaintiff appealed her termination through established University procedures. As a result of this appeal the University decided to continue the plaintiff’s employment, but to transfer her to the University Relations Office. Plaintiff began working in the University Relations Office in May, 1984 under the supervision of defendant, Dee Kalena, Director of the office.

In September, 1984 Dee Kalena recommended that the plaintiff not continue to be employed in the University Relations Office, as Dee Kalena was unsatisfied with the plaintiff’s work.

Later that same month — September, 1984 — the University Personnel Department transferred plaintiff to the Registrar’s Office. Also unsatisfied with the plaintiff’s performance, the University Registrar requested that the plaintiff be removed from the Registrar’s Office.

[589]*589As a result of this last unsuccessful attempt to place the plaintiff, the University terminated her employment for the second time, on January 7, 1984. Subsequently, plaintiff spoke to Dr. Graves, President of the University, presumably in an attempt to be reinstated. On February 2, 1985 plaintiff received notice from Dr. Graves stating that he would take no action to change the decision to terminate her.

The plaintiff filed her Complaint with the Human Relations Commission of February 20, 1985 and the plaintiff received a Right to Sue Letter from the EEOC dated February 27, 1986.

Subsequently, plaintiff filed her Complaint with this Court on May 28, 1986 captioned “Peggy M.M. Wimberg, plaintiff, vs. University of Evansville and Board of Trustees in its official capacity, defendants; Case No. EV 86-114-C.” The Complaint contained two Counts, one a Title VII sex discrimination claim, seeking relief under 42 U.S.C. § 2000e, and the other an age discrimination claim, seeking relief under 29 U.S.C. § 630. The defendant answered on June 4, 1986 and plaintiff filed a Motion for Leave to File an Amended Complaint, pursuant to Fed.R.Civ.P. 15, on June 20, 1986. That Motion was granted and plaintiff filed her Amended Complaint on July 8, 1986. The Amended Complaint added Dee Kalena and Vince Angotti as defendants, as well as two new Counts. The defendants filed their Joint Answer to the plaintiffs Amended Complaint on July 21, 1986.

This case now comes before the Court upon the Motion of the defendants for Summary Judgment.

II. SUMMARY JUDGMENT STANDARD

Fed.R.Civ.P. 56 governs summary judgment and subsection (c) states that “the judgment sought shall be rendered forthwith 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.”

Summary judgment is not intended to be a substitute for a trial on the disputed facts, rather it is intended to dispose of those cases which have no genuine issue of material fact to litigate. Federal Savings and Loan Ins. Corp. v. Williams, 599 F.Supp. 1184 (D.C.Md.1984). By granting a motion for summary judgment the court is concluding that, based upon the evidence which the court has available, no reasonable jury could return a verdict favoring the party against whom the summary judgment has been granted. Munson v. Friske, 754 F.2d 683 (7th Cir.1985).

Generally, the purpose of Rule 56 is to avoid unnecessary protracted litigation. Summary judgment allows the court to dispose of meritless claims before becoming entrenched in frivolous and costly trials. Donahue v. Windsor Locks Bd. of Fire Com’rs, 834 F.2d 54 (2nd Cir.1987). Although, if disposing of a summary judgment requires as much time as a full trial on the merits, Rule 56 no longer serves the purpose of economizing the court’s and the litigants’ time. Elliott v. Elliott, 49 F.R.D. 283 (D.C.N.Y.1970); 10A Wright, Miller & Kane, Federal Practice and Procedure, Summary Judgment Proceedings § 2728 at 557-58.

When reviewing a motion for summary judgment a court must give the benefit of all inferences to the party opposing a motion for summary judgment and to examine the record in a light favorable to that party. Johnson v. Educational Testing Service, 754 F.2d 20 (1st Cir.), cert. den. 472 U.S. 1029, 105 S.Ct. 3504, 87 L.Ed.2d 635 (1985).

A court is to act with caution when granting summary judgment and may deny the motion when reason exists to believe that the better course is to proceed to a full trial. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). This is not to say that a court should be reluctant to grant a motion for summary judgment when the record reflects that no genuine issue of material fact exists. The purpose of summary judgment procedure is to eliminate trial in cases where trial is unnecessary and results in [590]*590delay and expense, and, with ever-increasing burden upon judiciary, persuasive reasons exist for utilization of summary judgment procedures whenever possible; courts therefore will not strain to find existence of genuine issue where none exists. Ford Motor Credit Co. v. Devalk Lincoln-Mercury, Inc., 600 F.Supp. 1547 (D.C.Ill.1985). The Supreme Court stated in Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) that:

Summary judgment procedure is properly regarded not as a disfavored procedural shortcut, but rather as an integral part of the Federal Rules as a whole, which are designed to secure the just, speedy and inexpensive determination of every action ...

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United Mine Workers of America v. Gibbs
383 U.S. 715 (Supreme Court, 1966)
United Air Lines, Inc. v. Evans
431 U.S. 553 (Supreme Court, 1977)
Delaware State College v. Ricks
449 U.S. 250 (Supreme Court, 1980)
Zipes v. Trans World Airlines, Inc.
455 U.S. 385 (Supreme Court, 1982)
Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (Supreme Court, 1986)
Marcia E. Stearns v. Consolidated Management, Inc.
747 F.2d 1105 (Seventh Circuit, 1984)
Susan E. Johnson v. Educational Testing Service
754 F.2d 20 (First Circuit, 1985)
Ronald Zepik v. Tidewater Midwest, Inc.
856 F.2d 936 (Seventh Circuit, 1988)
Zewde v. Elgin Community College
601 F. Supp. 1237 (N.D. Illinois, 1984)
Federal Sav. and Loan Ins. Corp. v. Williams
599 F. Supp. 1184 (D. Maryland, 1984)
Ford Motor Credit Co. v. Devalk Lincoln-Mercury, Inc.
600 F. Supp. 1547 (N.D. Illinois, 1985)
Elliott v. Elliott
49 F.R.D. 283 (S.D. New York, 1970)
Elliott v. Sperry Rand Corp.
79 F.R.D. 580 (D. Minnesota, 1978)

Cite This Page — Counsel Stack

Bluebook (online)
761 F. Supp. 587, 1989 U.S. Dist. LEXIS 17501, 57 Fair Empl. Prac. Cas. (BNA) 89, 1989 WL 247137, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wimberg-v-university-of-evansville-insd-1989.