Zetwick v. County of Yolo

66 F. Supp. 3d 1274, 2014 U.S. Dist. LEXIS 157154, 98 Empl. Prac. Dec. (CCH) 45,191, 125 Fair Empl. Prac. Cas. (BNA) 339, 2014 WL 5797180
CourtDistrict Court, E.D. California
DecidedNovember 6, 2014
DocketNo. 12-CV-02486
StatusPublished
Cited by1 cases

This text of 66 F. Supp. 3d 1274 (Zetwick v. County of Yolo) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Zetwick v. County of Yolo, 66 F. Supp. 3d 1274, 2014 U.S. Dist. LEXIS 157154, 98 Empl. Prac. Dec. (CCH) 45,191, 125 Fair Empl. Prac. Cas. (BNA) 339, 2014 WL 5797180 (E.D. Cal. 2014).

Opinion

ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGEMENT

TROY L. NUNLEY, District Judge.

This matter is before the Court pursuant to Defendants Yolo County, Edward G. Prieto, and DOES 1-50’s (collectively hereinafter referred to as “Defendants”) Motion for Summary Judgment. (ECF No. [1277]*127714.) Plaintiff Victoria Zetwiek (“Plaintiff’) opposes Defendants’ motion. (ECF No. 19.) The Court has carefully considered the arguments raised by both parties. For the reasons set forth below, Defendants’ Motion for Summary Judgment is GRANTED.

I. FACTUAL AND PROCEDURAL BACKGROUND

Plaintiff Victoria Zetwiek initiated this case on October 3, 2012, alleging sexual harassment under Title VII of the 1964 Civil Rights Act (42 U.S.C. § 2000e et seq.) (“Title VII”) against Defendant County of Yolo and DOES 1-50, sexual harassment under the California Fair Employment Housing Act (Cal. Gov.Code § 12900 et seq.) (“FEHA”) against all Defendants, and failure to prevent sexual harassment under the FEHA (Cal. Gov.Code § 12940(k)) against Defendant County of Yolo and DOES 1-50.1 (Complaint, ECF No. 1.) In her complaint, Plaintiff alleges that, during the course of her 14 year employment as a correctional officer with the Yolo County’s SherrifPs Department (“the Department”), she was the victim of a hostile work environment. (ECF No. 1.) Specifically, Plaintiff states that Yolo County Sheriff, Defendant Edward Prieto (“Defendant Prieto”), subjected Plaintiff and several dozen other female employees to unwelcome hugs and kisses. (ECF No. 1 at ¶¶ 15-16.) Plaintiff alleges that her co-workers and supervisors would tease her about these acts. (ECF No. 1 at ¶ 22.) Plaintiff further states that' she reported Defendant Prieto’s conduct to her supervisors, who failed to file a formal complaint, and that she was discouraged from making a formal complaint. (ECF No. 1 at ¶ 18-19.) Plaintiffs complaint states that these interactions with Defendant Prieto created a hostile work environment because Plaintiff “found it difficult to concentrate at work when Prieto was nearby, her work was made inefficient during times she tried to avoid contact with Prieto, and she grew anxious and upset when Prieto was nearby or was said to be nearby.” (ECF No. 1 at ¶24.) Following the close of discovery, Defendants filed the motion at issue.

II. STANDARD OF LAW

Summary judgment is appropriate when the moving party demonstrates no genuine issue as to any material fact exists, and therefore, the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c); Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970). Under summary judgment practice, the moving party always bears the initial responsibility of informing the district court of the basis of its motion, and identifying' those portions of “the pleadings, depositions, answers to interrogatories, and admissions on file together with the affidavits, if any,” which it believes demonstrate the absence of a genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). “[Wjhere the nonmoving, party will bear the burden of proof at trial on a dispositive issue, a summary judgment motion may properly be made in reliance solely on the pleadings, depositions, answers to interrogatories, and admissions on file.” Id. at 324, 106 S.Ct. 2548 (internal quotations omitted). Indeed, summary judgment should be entered against a party who does not make a showing sufficient to establish the existence of an element essential to that par[1278]*1278ty’s case, and on which that party will bear the burden of proof at trial. Id. at 322, 106 S.Ct. 2548.

If the moving party meets its initial responsibility, the burden then shifts to the opposing party to establish that a genuine issue as to any material fact actually does exist. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 585-87, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986); First Nat’l Bank v. Cities Serv. Co., 391 U.S. 253, 288-289, 88 S.Ct. 1575, 20 L.Ed.2d 569 (1968). In attempting to establish the existence of this factual dispute, the opposing party may not rely upon the denials of its pleadings, but is required to tender evidence of specific facts in the form of affidavits, and/or admissible discovery material, in support of its contention that the dispute exists. Fed.R.Civ.P. 56(c). The opposing party must demonstrate that the fact in contention is material, i.e., a fact that might affect the outcome of the suit under the governing law, Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986), and that the dispute is genuine, i.e., the evidence is such that a reasonable jury could return a verdict for the nonmoving party. Id. at 251-52, 106 S.Ct. 2505.

In the endeavor to establish the existence of a factual dispute, the opposing party need not establish a material issue of fact conclusively in its favor. It is sufficient that “the claimed factual dispute be shown to require a jury or judge to resolve the parties’ differing versions of the truth at trial.” First Nat’l Bank, 391 U.S. at 288-89, 88 S.Ct. 1575. Thus, the “purpose of summary judgment is to ‘pierce the pleadings and to assess the proof in order to see whether there is a genuine need for trial.’ ” Matsushita, 475 U.S. at 587, 106 S.Ct. 1348 (quoting Rule 56(e) advisory committee’s note on 1963 amendments).

In resolving the summary judgment motion, the court examines the pleadings, depositions, answers to interrogatories, and admissions on file, together with any applicable affidavits. Fed.R.Civ.P. 56(c); SEC v. Seaboard Corp., 677 F.2d 1301, 1305-06 (9th Cir.1982). The evidence of the opposing party is to be believed, and all reasonable inferences that may be drawn from the facts placed before the court must be drawn in favor of the opposing party. Anderson, 477 U.S. at 255,. 106 S.Ct. 2505. Nevertheless, inferences are not drawn out of the air, and it is the opposing party’s obligation to produce a factual predicate from which the inference may be drawn. Richards v. Nielsen Freight Lines, 602 F.Supp. 1224, 1244-45 (E.D.Cal.1985), aff'd, 810 F.2d 898 (9th Cir.1987).

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66 F. Supp. 3d 1274, 2014 U.S. Dist. LEXIS 157154, 98 Empl. Prac. Dec. (CCH) 45,191, 125 Fair Empl. Prac. Cas. (BNA) 339, 2014 WL 5797180, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zetwick-v-county-of-yolo-caed-2014.