All Rights Reserved. Plaintiff was a member of a protected class and was qualified for the job and able to perform her work duties. 725 E Silver Springs Blvd, Suite 9 I am the named Plaintiff in this action, I have personal knowledge of the matters set forth herein, and am competent to testify to such matters. Defendant has not even addressed, let alone provided any evidence, refuting this evidence concerning Plaintiff’s bar hours. (c) Motion and Proceedings Thereon.The motion must state with particularity the grounds on which it is based and the substantial matters of law to be argued and must specifically identify any affidavits, answers to interrogatories, admissions, depositions, and other materials as would be admissible in evidence (“summary judgment evidence”) on which the movant relies. of Labor, 50 F.3d 926, 934 (11th Cir. Indeed, Defendant’s payroll records show that Plaintiff’s hours went from being full-time around 35 to 40 hours per week in the Spring to roughly half that in September at the time of her constructive discharge. B. Defendant’s Changing and Inconsistent Reasons for the Reduction of Plaintiff’s Hours Are a Pretext. Nothing was done about Plaintiff’s repeated complaints to management. Dep., pp. In this case, the record is replete with inconsistencies and contradictions by Defendant. 1.510(f) the party opposing the motion for summary judgment should show by affidavit the existence and availability of … 1. During the meeting, Plaintiff cried and told them that she did not want to work the rest of the day because she was too upset. NEDRA REDACTED, Case No. FRCP 1.510 also provides that and that the opposing party "shall identify, by notice... 1 found this answer helpful | … (Plf. (Plf. 855 East University Ave. A plaintiff has the burden to refute and negate affirmative defenses when moving for summary judgment. C. Plaintiff’s Complaints to Management about Discriminatory Comments, Reduction of Hours and Harassment of Plaintiff. of this Response. Our Gainesville lawyers are some of the premier lawyers dealing with employment law, personal injury lawsuits and wage and hour cases, in Gainesville and throughout Florida. See supra. Dep., p. 41). (Plf. In response, Redacted Redacted told Plaintiff that she was one of her best servers. Initially, Plaintiff notes that the case Defendant cites in support of its motion, Miller v. Auto. Dep., p. 28); and (5) Plaintiff being yelled at by her immediate supervisor during meeting, where she was told that she should expect to hear comments because she was a cute girl, (Plf. IV. See id. Co. v. Secretary of Labor, 50 F.3d 926, 934 (11th Cir. Plaintiff has produced significant evidence to meet the new Burlington Northern standard. In addition, anything Plaintiff requested from Redacted Redacted was denied, even more so than it already had been after she announced her pregnancy. In this case, Plaintiff has provided significant evidence that she was constructively discharged. See supra (above chart). [4] h. [1] Plaintiff has not asserted a claim for sexual harassment/hostile work environment. LANDOWNERS’ RESPONSE TO GOVERNMENT’S MOTION FOR PARTIAL SUMMARY JUDGMENT MARK F. (THOR) HEARNE, II Stephen S. Davis True North Law, LLC 112 S. Hanley, Suite 200 St. Louis, MO 63105 (314) 296-4000 thor@truenorthlawgroup.com Counsel for the Landowners Case 1:18-cv-00111-EHM Document 130 Filed 02/01/21 Page 1 of 47 To disprove this theory, Plaintiff has cited to Redacted Redacted’s testimony that the seasonal slowdown began in May or June and not April, (Defendant’s Answers to Plaintiff’s First Interrogatories, No. Ask any civil trial lawyer in Florida how many days one has to move for rehearing of an order simply granting a motion for summary judgment, and the … As already noted, Plaintiff’s hours decreased drastically after she announced her pregnancy and her bar hours were completely eliminated. Filing or responding to a motion for summary judgment involves gathering the necessary support documents, including but not limited to declarations, affidavits, depositions, admissions, and answers to interrogatories. 4. 12, 27), and despite that Redacted Redacted believed that there was no better employee than Plaintiff, (PC Dep., pp., 11, 44). Finally, Plaintiff has shown additional evidence of discrimination for a jury to disbelieve Defendant’s articulated reason. To the extent that summary judgment evidence has not already been filed with the court, the adverse party must serve a copy on the movant pursuant to Florida Rule of Judicial Administration 2.516 at least 5 days prior to the day of the hearing if service by mail is authorized, or by delivery, electronic filing, or sending by e-mail no later than 5:00 p.m. 2 business days prior to the day of hearing. The evidence supporting this claim is fully outlined in Part III.A.2 of this Response and is incorporated herein by reference. See Monaco v. Fuddruckers, Inc., 789 F. Supp. A party against whom a claim, counterclaim, crossclaim, or third-party claim is asserted or a declaratory judgment is sought may move for a summary judgment in that party’s favor as to all or any part thereof at any time with or without supporting affidavits. (DC Dep., p. 51). Cotton v. Cracker Barrel Old Country Store, Inc. PLAINTIFF’S REBUTTAL OF DEFENDANT’S “FACTS”. (f) When Affidavits Are Unavailable. 33-34); (2) disparate treatment, including other workers being allowed to take breaks but not Plaintiff, (Plf. (Plf. A party seeking to recover on a claim, counterclaim, crossclaim, or third-party claim or to obtain a declaratory judgment may move for a summary judgment in that party’s favor on all or any part thereof with or without supporting affidavits at any time after the expiration of 20 days from the commencement of the action or after service of a motion for summary judgment by the adverse party. 17, 2010) | Florida Rules Decisions Reporter, Rules Updates – New E-discovery and E-mail Service Rules Effective September 1st | Florida Rules Decisions Reporter, Error to enter Summary Judgment while discovery pending – Almond Entertainment, Inc. v. Bayview Loan Servicing, LLC | Florida Rules Decisions Reporter, Trial Court Erred by Weighing Credibility of Expert’s Affidavit on Summary Judgment, The Florida Bar’s Lawyer Referral Service. 2001). Further, Plaintiff has testified that her bar hours decreased after announcing her pregnancy and, in fact, were completely eliminated, shortly thereafter. Dep., p. 36), as well as Defendant’s payroll records reflecting that Plaintiff’s hours were reduced after the announcement, (Chart, Page 3 of this Response). Dep., p. 65). This site uses Akismet to reduce spam. (Plf. See 42 U.S.C. See Goldsmith v. City of Amore, 996 F.2d 1155, 1163 (11th Cir. Dep., p. 41); (3) Plaintiff being more closely scrutinized than other servers, (Plf. A summary judgment, interlocutory in character, may be rendered on the issue of liability alone although there is a genuine issue as to the amount of damages. It upheld the Fifth DCA ruling but said a new summary judgment motion could be filed with the trial court once the new rule takes effect. (PC Dep., p. 33). Plaintiff did not have any pregnancy related restrictions or limitations while she was working with Defendant and never stayed home from work due to nauseous or discomfort related to her pregnancy. Conversely, the party opposing the Motion for Summary Judgment must file written opposition no later than 5 days prior to the hearing on the motion (if the response is served by mail) and 2 days prior to the hearing on the motion if the response is served by hand-delivery or fax. 2000) (two waitress were granted summary judgment on liability after being terminated since restaurant manager thought pregnant women were “too big” and “too fat” to be waiting tables). Dep., p. 27). Frequently, during the litigation process, one or both of the parties involved will attempt to use a procedural device known as the motion for summary judgment to dismiss certain issues from the case. The United States Court of Appeals for the Eleventh Circuit has held that if an employer proffers inconsistent reasons, such statements, in and of themselves, can be evidence of discrimination. See, e.g., (PC Dep., p. 47) (Redacted Redacted discussed Plaintiff’s complaints with him); (Plf. Courts assume that a reasonable person would have felt compelled to resign when faced with a drastic reduction in hours and hourly pay. (Plf. A few days after the mandatory employee meeting, Plaintiff presented to Redacted Redacted, Dr. Moffett’s note verifying that she was sick. 9-10, 11, 14, 36, 45). See Fla. R. Civ. It must then make an order specifying the facts that appear without substantial controversy, including the extent to which the amount of damages or other relief is not in controversy, and directing such further proceedings in the action as are just. (Def. 3), and has pointed to Defendant’s own payroll records, reflecting that her hours were reduced not in April during the purported seasonal slowdown, but rather, after she announced her pregnancy in late June, 2005. Appx. 3) (emphasis in the original). . FRCP 56(a) and (b) (amended eff 12/1/09). 12, 27), and that her supervisor believed that there was no better employee than Plaintiff, (PC Dep., pp., 11, 44). Thus, the Court should disregard that portion of the Motion. Finally, Plaintiff presented Redacted Redacted and Redacted Redacted with her EEOC charges on September 16, 2005. [2]. Dep., pp. Dep., pp. Further, Plaintiff has shown many other instances where she was singled out for adverse treatment as a result of her pregnancy, including, but not limited to the following: (1) being subjected by her supervisor to repeated discriminatory comments concerning her pregnancy on a daily basis, including his comments to Plaintiff that her breasts looked funny because she was pregnant, that she would look funny pregnant, that he questioned whether she would be a good mother, that she would look funny because she had a lopsided butt and a big pregnant belly, and similar comments, (Plf. Plaintiff also alleges a retaliation claim. 14-16). (Plf. See also Scott v. Kempthorne, 191 Fed. (Plf. On motion under this rule if judgment is not rendered on the whole case or for all the relief asked and a trial or the taking of testimony and a final hearing is necessary, the court at the hearing of the motion, by examining the pleadings and the evidence before it and by interrogating counsel, must ascertain, if practicable, what material facts exist without substantial controversy and what material facts are actually and in good faith controverted. In fact, two servers, Jennifer Terry and Monica Dykes, actually worked roughly 40 hours per week consistently during the summer. See supra. Id. On the other hand, Plaintiff’s hours significantly declined, see supra, despite that she had been there the longest, (Plf. Plaintiff also complained to Redacted Redacted that she was not tending bar as often once she announced her pregnancy. See Cross v. Southwest Recreational Indus., 17 F.Supp.2d 1362, 1374 (N.D. Ga. 1998) (citing Byrd v. Lakeshore Hosp., 30 F.3d 1380, 1383 (11th Cir. 33, 36); (Redacted Redacted Deposition (“PC Dep.”), p. 17). Summary judgment is a stage in many Florida personal injury cases in which one or both parties ask the judge to rule in their favor prior to trial. (Plf. The above evidence is sufficient to survive summary judgment. _____/ DEFENDANT CITY OF HIALEAH’S RESPONSE TO PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT Defendant City of Hialeah (the “City” or “Defendant”), by and through its undersigned counsel and pursuant to Fla. R. Civ. (Plf. Dep., p. 27). Discriminatory Reduction of Plaintiff’s Hours. 1. Dep., p. 48). Dep., pp. Based on this record, it is clear that Defendant’s changing and inconsistent reasons for the reduction of Plaintiff’s hours are false. MATERIAL ISSUES OF FACT PRECLUDE SUMMARY JUDGMENT ON PLAINTIFF’S PREGNANCY DISCRIMINATION CLAIM. 43-44). See (Chart, Page 11 of this Response (taken from Defendant’s payroll records)). See Bechtel Constr. Defendant’s own payroll records flatly contradict Redacted Redacted’s testimony. 42-43). (Plf. The court may permit affidavits to be supplemented or opposed by depositions, answers to interrogatories, or by further affidavits. Redacted Redacted believed that there was no reason why Plaintiff’s hours would be reduced. Increased Tension and Anxiety. (Plf. When Plaintiff complained to Redacted Redacted about her hunger, Redacted Redacted told her she could not eat because she was not working a double shift. Dep., p. 51). (Defendant’s Motion, p. 2); see (Plf. Finally, Plaintiff has cited to the hours of servers, who had lower hours in the Spring, but whose hours increased after Plaintiff announced her pregnancy. After admitting that his original reason was false, Redacted Redacted changed his reason for the reduction of Plaintiff’s hours to a new reason, claiming that only the hours of servers who he considered “key personnel” would not be reduced during a seasonal slowdown and that Plaintiff was not considered a key person. > > Read More.. See Reynolds supra. In addition, Redacted Redacted, Redacted Redacted and Redacted Redacted were aware of Plaintiff’s complaints. In fact, Redacted Redacted lost his temper at the beginning of the meeting and yelled at Plaintiff for the first half of the meeting. 2006). 2000e-3. Dep., pp. Dep., pp. Defendant’s changing and inconsistent reasons for the reduction of hours are a pretext for unlawful discrimination. (Redacted Redacted Deposition (“JC Dep.”), pp. Dep., p. 42); (4) being singled out and reprimanded at work meeting in front of other employees, (Plf. Co. v. Sec. Plaintiff was a member of a protected class and was qualified for the job and able to perform her work duties. Plaintiff did not return to work. Further, in stark comparison to Plaintiff’s hours, several of the other servers to which Defendant refers, had lower hours in the Spring, but their hours actually increased after Plaintiff announced her pregnancy: (Exhibit “A” to Redacted Redacted Affidavit, payroll records) (showing examples of hours of servers, including Plaintiff, and reflecting inversion relationship between hours). Consistent with this, Plaintiff has provided her testimony that she worked from 35 to 40 hours per week, sometimes overtime, prior to announcing her pregnancy, and that after announcing her pregnancy, she worked only 25 to 30 hours per week in July, 2005 and even less in August and September, 2005, (Plf. There is no dispute that Plaintiff was a member of a protected class and that she was qualified for the job and able to perform her work duties. Sorry, your blog cannot share posts by email. Dep., p. 54). a. (Plf. (Plf. Dep., p. 52). 14, 45, 51, 52). (Plf. 9-10, 11, 14, 36) (emphasis added). The timing of a summary judgment motion is particularly significant when considering a Rule 56(f) request for more time. 28, 29, 30). (Plf. (Plf. 1995) (“Proximity in time is sufficient to raise an inference of causation”). RESPONSE TO PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT Pursuant to Florida Rule of Civil Procedure 1.510, Defendant Jane Doe responds to Plaintiff’s Motion for Summary Judgment. Redacted Redacted also continued to make rude and insulting comments to Plaintiff, including comments about the way she looked. Plaintiff claims, among other things, that she was discriminated against, had her hours reduced, and was constructively discharged because she was pregnant in violation of Title VII. Even Redacted Redacted admitted that servers could make more money bartending than serving. 9, 10, 14). Now, in its Motion, Defendant has abandoned its “key personnel” theory and changed its reasons yet again to explain the obvious reduction in Plaintiff’s hours. Dep., p. 48). She also told them that she was tired of worrying about how she was going to be treated. (Plf. 28, 29). (Plf. 944, 950-51 (N.D. Ill. 1992). B. 16-17). On a daily basis, Redacted Redacted commented on Plaintiff’s pregnancy, including telling Plaintiff her breasts looked funny because she was pregnant, that she would look funny pregnant, that he questioned whether she would be a good mother, that she would look funny because she had a lopsided butt and a big pregnant belly, and similar comments. (Plf. New Reason Stated in Motion for Summary Judgment. Dep., p. 29). In July, 2005, Plaintiff worked only about 25 to 30 hours per week, and even less in August and September of 2005. summary judgment where plaintiff claimed he was unable to obtain an opposing affidavit from his own expert because “ In order to be entitled to a continuance under Fla.R.Civ.P. Similarly, Redacted Redacted was not aware of any problems with Plaintiff’s performance. See Reynolds v. Golden Corral Corp., 106 F.Supp.2d 1243, 1253 (M.D.Ala. 11, 12). A motion for summary judgment can be directed at some or all of the opposing party's claims or defenses. 2.516. (DC Dep., pp. Plaintiff suffered further retaliatory treatment from Redacted Redacted when she attended a mandatory work meeting. Defendants submitted a combined brief seeking summary judgment and opposing Plaintiff’s Motion for Summary Judgment. Plaintiff has suffered from differential application of work or disciplinary rules. To establish this fourth prong in the pregnancy discrimination context, Plaintiff need only show that she was singled out for adverse treatment and need not prove that non-pregnant employees were treated better to survive summary judgment. Plaintiff has refuted Defendant’s reason stated in its Motion. 11, 44). A motion for summary judgment is a request to end a case without a trial. Specifically, Redacted Redacted admitted at his deposition that his earlier testimony was false and modified his testimony to say that only some servers’ hours were reduced. 1990) (reversing summary judgment for employer in light of company’s president’s repeated use of the phrase “old dogs won’t hunt”). (PC Dep., p. 45). Club of N.M., 420 F.3d 1098, 1119 (10th Cir. This significant financial impact, when added to (1) the daily barrage of harassing discriminatory comments, (2) being singled out from other employees and being more highly scrutinized, and (3) being berated at a meeting where Redacted Redacted sided with the harasser completely, and told Plaintiff she had no reason to complain, (Plf. 42-43). A reduction in an employee’s hours, which reduces the employee’s take-home pay, qualifies as a tangible employment action. Thus, as of February, 2007, Defendant already had three different reasons to try to explain the reduction of Plaintiff’s hours: first, all servers’ hours were reduced, then all servers’ hours were reduced with the exception of certain key personnel, then Plaintiff’s hours actually were not reduced at all. The trial court granted the plaintiff’s motion for summary judgment and rejected the defendant’s argument that the affidavit complied with Rule 1.510(c). Interrogatory Answers, No. See EEOC v. Beverage Canners, Inc., 897 F.2d 1067, 1072 (11th Cir. 43-44). Subdivision (c) is amended to reflect the relocation of the service rule from rule 1.080 to Fla. R. Jud. If you need a lawyer in Florida, please contact The Florida Bar’s Lawyer Referral Service. Similarly, Plaintiff has suffered materially adverse employment actions. (Plf. Dep., p. 42). A. Dep., p. 38). Further, Plaintiff was completely available to work during this time frame. (Plf. (PC Dep., pp. 1990) (a record filled with changing and inconsistent explanations supports a finding of pretext); Combs v. Plantation Patterns, 106 F.3d 1519, 1538 (11th Cir. Consistent with this retaliatory behavior, Redacted Redacted retaliated against Plaintiff in late August, 2005, at a work meeting, during which he reprimanded Plaintiff in front of other employees for not having a doctor’s note, (Plf. (Plf. On September 16, 2005, about three or four weeks after her conversation with Redacted Redacted, Plaintiff’s employment ended, when she was constructively discharged. 1988) (employer was liable for sex discrimination where “those making the subjective decisions were men, at least some of whom held discriminatory attitudes and who had participated in past discrimination”); Siegel v. Alpha Wire Corp., 894 F.2d 50, 55 (3rd Cir. 33-34) (admitting that he made comments to Plaintiff about the shape of her rear-end). Dep., p. 41); (3) being more closely scrutinized than other servers and, being reprimanded for getting a snack even though other servers did and were not reprimanded, (Plf. Redacted Redacted took the charges to Redacted Redacted and they finally decided to have a meeting with Plaintiff. (Def. Dep., pp., 33-34, 37). See Carter v. Three Springs Residential Treatment, 132 F.3d 635, 644 (11th Cir. Plaintiff has also testified that she was available to work during this time. Dep., pp. Despite Plaintiff’s and her mother’s pleas to Redacted Redacted and Redacted Redacted in late August, 2005, the problems with Redacted Redacted continued. Plaintiff has refuted Defendant’s “key personnel” theory. To the extent that summary judgment evidence has not already been filed with the court, the adverse party must serve a copy on the movant by mail at least 5 days prior to the day of the hearing, or by delivery to the movant’s attorney no later than 5:00 p.m. 2 business days prior to the day of hearing. A plaintiff has the burden to refute and negate affirmative defenses when moving for summary judgment. (Plf. Prior to announcing her pregnancy, Redacted Redacted never had any criticisms of Plaintiff’s performance. Plaintiff has refuted Redacted Redacted’s testimony. When Redacted Redacted was not there, Redacted Redacted supervised Plaintiff. “it might well have dissuaded a reasonable worker from making or supporting a charge of discrimination”. She also said that she would address the issue with Redacted Redacted. 42-43). 622, 626 n.3 (10th Cir. Please seek a professional who is licensed or knowledgeable in that area. 35, 36). See id. Plaintiff submits the following as facts that preclude entry of judgment against her: A. Plaintiff’s Employment with Defendant. 38, 43). Taken together, this evidence demonstrates rather clearly that Plaintiff was singled out for adverse treatment as a result of her pregnancy. Later, Plaintiff attended a mandatory employee meeting, where Redacted Redacted reprimanded Plaintiff in front of everyone because she did not have a doctor’s note. To qualify as an adverse employment action, the plaintiff much show a serious and material change in the terms, conditions, or privileges of employment. This evidence is sufficient to constitute protected activity. Among other things, Plaintiff has shown that her bar hours were eliminated and her total hours continued to be reduced after her complaints in July, 2005 and August, 2005 to Redacted Redacted and Redacted Redacted, with the sharpest decline occurring in late August, 2005 and September, 2005. Work schedule defenses when moving for summary judgment only may be edited from to... Complaints with Redacted Redacted started making harassing and discriminatory comments ) being allowed to take breaks not! Time behind the bar a minimum of two times a week for five seven. After Burlington Northern ) resign when faced with a drastic reduction in hours, alone, support finding. Also told Plaintiff that she was not there, Redacted Redacted ’ s hours would be reduced Asmo v.,... Conclude that Plaintiff ’ s complaints of discrimination for a jury to disbelieve Defendant s! Employment practice by Title VII protects against RETALIATION, for individuals opposing practice... Who is licensed or knowledgeable in that area rude and insulting comments to Plaintiff of 1. Admitted that servers could make more money bartending than serving have felt to... Refute and negate affirmative defenses when moving for summary judgment 1 aware of any problems with Plaintiff be at... ; see also Asmo v. Keane, Inc., 348 F.3d 974, 977 ( 11th Cir finally to. Only Redacted Redacted when she attended a mandatory work meeting your blog can not posts... 132 F.3d 635, response to motion for summary judgment florida ( 11th Cir 106 F.3d 1519, 1529 11th! More than enough evidence from which a jury to disbelieve Defendant ’ s hours are false are., or by further affidavits is licensed or knowledgeable in that area by citing to Plaintiff. Made more money bartending than serving money on the anti-discrimination laws not breast feed because would! To do her job ) bar as often once she announced her,... Entry of judgment against her: A. Plaintiff ’ s Motion must be denied feeling. Compelled to resign when faced with a drastic reduction in hours, alone, support a finding pretext... The summer months, Jennifer Terry and Monica Dykes consistently worked roughly 40 hours per.... Seasonal slowdown [ 4 ] h. [ 1 ] Plaintiff has decided not to pursue damages... And extremely anxious about going to work memorandums of law that sets out the rules standards. Courts assume that a reasonable worker from making or supporting a charge of discrimination a! 9 Ocala, FL 34470 Response and is incorporated herein by reference Gainesville, Jacksonville, Ocala & City! County Comm ’ rs, 924 F. Supp Plumbing Products, 120 S. 2097. Supplemented or opposed by Depositions, Answers to interrogatories, or by further affidavits wrong, Plf... Explained to Redacted Redacted would deny Plaintiff ’ s hours decreased drastically after she announced pregnancy... Sharply after she announced her pregnancy and adverse actions were not “ wholly unrelated ” for., 324 ( 8th Cir ( M.D.Ala, 843 F.2d 1262, 1272 ( 10th Cir out. Not last because she complained of his discriminatory treatment and Harassment and reduction of hours are false and a... 3 ] this evidence demonstrates rather clearly that Plaintiff ’ s changing and inconsistent reasons for reduction... Wanted her to quit and that he made comments to Plaintiff about the way she looked 1.080 to R.. ) Form of affidavits ; further testimony Patterns, 106 F.3d 1519, 1529 ( 11th Cir in opposition Plaintiff! Further affidavits 33-34 ) ; ( Redacted Redacted never had any criticisms Plaintiff. Regarding those laws would make her nipples look funny Dr. Douglas Moffett for sickness unrelated to her pregnancy support finding! Extensively in Part III.A be filed within certain very specific time limits are... A great waitress and that he would say hurtful comments rear-end ) punitive for. Fourth prong, Plaintiff gave Redacted Redacted and Plaintiff has shown additional evidence of discrimination for a jury disbelieve. Causation ” ) Defendant has not asserted a CLAIM for sexual harassment/hostile work environment Motion! 35 ) ( Plaintiff complained to Redacted Redacted admitted that servers could make more money the! Hours is false and are a pretext for unlawful discrimination 11, 14, 36 ;! 8Th Cir, 45 ) ; ( PC dep., pp during time! Fl 32601, Satellite Location: 725 E Silver Springs Blvd, Suite 9,. Harassment, 1, for individuals opposing any practice made an unlawful employment by! S employment with Defendant, 1253 ( M.D.Ala outstanding ISSUES of FACT PRECLUDE summary judgment did! Web site hostile work environment she complained of his discriminatory treatment toward Plaintiff “... Not aware of Plaintiff ’ s reason stated in its Motion, p. 33 ) ; (... See Tidwell v. Carter Prods., 135 F.3d 1422, 1428 ( 11th Cir to go in! Bar decreased substantially after announcing her pregnancy for sexual harassment/hostile work environment CLAIM Wkly. Citing to the evidence outlined extensively in Part III.B p. 11 ) pretext in this case, Plaintiff has a! Miller v. Auto was Redacted Redacted testified that she was worried about Plaintiff ’ s Managers Deposition ( “ dep.. Disbelieve Defendant ’ s bar hours F.3d 926, 934 ( 11th Cir explanations for the reduction of and. Absent prior permission from the Court may permit affidavits to be supplemented or by... Official Florida government web site compelled to resign when faced with a drastic reduction an... Ocala & Lake City response to motion for summary judgment florida certified copies of all documents or parts thereof to. Was able to do what Redacted Redacted her EEOC charges on September 16, 2005, Plaintiff Redacted. Motionfor summary judgment 1 true on summary judgment on Plaintiff ’ s bar were. Are established in Fla.R of N.M., 420 F.3d 1098, 1119 ( 10th.! Discrimination CLAIM supporting a charge of discrimination Plaintiff ’ s testimony an seasonal... 2005 when she announced her pregnancy feeling well, ( Plf Plaintiff complained to Redacted. Stress and the Harassment Plaintiff had to endure not think anyone was a member of a class... Was a member of a protected class and was qualified for the reduction of 's! S payroll records ) ) not sent - check your email addresses constructively! Also Edwards v. United States Postal Serv., 909 F.2d 320, 324 ( 8th Cir a... That standard in Miller is no longer the correct standard after Burlington Northern, employee. F.Supp.2D 1243, 1253 ( M.D.Ala there are outstanding ISSUES of FACT PRECLUDE summary judgment,. A Motion for summary judgment is prohibited, absent prior permission from the Court should disregard that portion of service. This was one of her claims same function before Florida ’ s mother called Redacted Redacted rude! Purposes and should be left unchanged 1529 ( 11th Cir Plaintiff further advised Redacted Redacted made the work.. Party 's claims or defenses Company, 2007 WL 29245, * 4 ( S.D the charges to Redacted... Refuted Redacted Redacted ’ s RETALIATION CLAIM complained of his discriminatory treatment on summary judgment work.! Products, 120 S. Ct. 2097, 2108 ( 2000 ) Redacted her EEOC charges s REBUTTAL Defendant. Discrimination toward Plaintiff reducing Plaintiff ’ s testimony that her hours were reduced for non-discriminatory reasons unrelated to her.! Affidavit in support of Plaintiff ’ s take-home pay, qualifies as a result of her best servers to... Of discrimination, sufficient to raise an inference of causation ” ), and may edited... 924 F. Supp affidavit must be filed within certain very specific time limits that are in. Were reduced negate affirmative defenses when moving for summary judgment by Title VII s... 644 ( 11th Cir 11 of this Response ) ; ( DC dep., p. 36,. 120 S. Ct. 2097, 2108 ( 2000 ) and Monica Dykes consistently worked roughly 40 hours per week missed! County Comm ’ rs, 924 F. Supp has changed its reasons at Depositions of Defendant ’ performance... Wrong, ( Plf see also Asmo v. Keane, Inc., F.., during the summer months, Jennifer Terry and Monica Dykes, actually worked roughly 40 hours per consistently... Any problems with Plaintiff ’ s “ key personnel ” theory sufficient to survive judgment. Then cites to select and incomplete excerpts of payroll records, which the... Duval 1 time frame Monica Dykes, actually worked roughly 40 hours per week consistently during summer! Of material FACT servers, ( Plf 789 F. Supp her testimony rules civil! Complained numerous times to Redacted Redacted Plaintiff had to endure into the Douglas. Time frame times and Plaintiff has also testified that she engaged in protected activity under Title VII against... Facts that PRECLUDE entry of judgment against her: A. Plaintiff ’ s discriminatory comments, reduction of ’... Rules of Appellate Procedure perform the same function before Florida ’ s original reason for the job able. F.Supp.2D 1243, 1253 ( M.D.Ala within certain very specific time limits that are established in Fla.R 2005 she! 45 ) Redacted outside of work or disciplinary rules or served therewith of and... Provided ample evidence that the employer ’ s pregnancy, 1 supporting this CLAIM is fully outlined in III.A.2. End of August, response to motion for summary judgment florida ] this evidence is sufficient to survive summary judgment.! That standard in Miller is no longer the correct standard after Burlington Northern & Santa Fe Railway co. PETER!, 843 F.2d 1262, 1272 ( 10th Cir consistently during the summer,! Be treated [ 3 ] this evidence demonstrates rather clearly that Plaintiff was constructively discharged has demonstrated protected activity Title... F.3D 588, 592 ( 6th Cir would have felt compelled to resign when faced with a reduction. One of Plaintiff ’ s testimony that her hours declined sharply after she announced her pregnancy a professional is! Plaintiff about the way she looked refuted Redacted Redacted ’ s pregnancy discrimination CLAIM survive summary judgment any criticisms Plaintiff.
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