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Turner v. Parker Security and Investigative Services, Inc.

United States District Court, M.D. Georgia, Albany Division

November 10, 2014

LATRECIA TURNER, Plaintiff,
v.
PARKER SECURITY AND INVESTIGATIVE SERVICES, INC., Defendant.

ORDER

W. LOUIS SANDS, District Judge.

Presently pending before the Court is Defendant Parker Security and Investigative Services, Inc.'s Motion for Summary Judgment (Doc. 20). For the following reasons, Defendant's Motion for Summary Judgment (Doc. 20) is DENIED.

PROCEDURAL HISTORY

On July 8, 2013, Plaintiff Turner filed the Complaint in this sex discrimination and retaliation action under Title VII of the Civil Rights Act of 1964, as amended at 42 U.S.C. ยง 2000e, et seq. (Doc. 1.) On October 18, 2013, Defendant Parker Security and Investigative Services (Parker) answered the complaint after the Court approved a stipulation to an extension of time to answer. (Docs. 7, 8.) After discovery, Parker moved for summary judgment. (Doc. 20.) In support of summary judgment, Parker contends that Turner cannot establish a prima facie case of sex discrimination or retaliation. ( See Doc. 20.) On July 14, 2014, Turner filed a response in opposition to Parker's Motion for Summary Judgment. (Doc. 22.) On July 28, 2014, Parker filed a reply. (Doc. 26.) Thus, the above-referenced motion is ripe for review. See M.D. Ga. L.R. 7.3.1(a).

SUMMARY JUDGMENT STANDARD

I. Federal Rule of Civil Procedure 56

Federal Rule of Civil Procedure 56 allows a party to move for summary judgment where no genuine issue of material fact remains and the party is entitled to judgment as a matter of law. "Summary judgment is appropriate if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Maddox v. Stephens, 727 F.3d 1109, 1118 (11th Cir. 2013). "A genuine issue of material fact does not exist unless there is sufficient evidence favoring the nonmoving party for a reasonable jury to return a verdict in its favor." Grimes v. Miami Dade Cnty., 552 F.Appx. 902, 904 (11th Cir. 2014) (citing Chapman v. AI Transp., 229 F.3d 1012, 1023 (11th Cir. 2000)). "An issue of fact is material' if it is a legal element of the claim under the applicable substantive law which might affect the outcome of the case." Allen v. Tyson Foods, Inc., 121 F.3d 642, 646 (11th Cir. 1997) (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986)). "It is genuine' if the record taken as a whole could lead a rational trier of fact to find for the nonmoving party." Tipton v. Bergrohr GMBH-Siegen, 965 F.2d 994, 998 (11th Cir. 1992) (citing Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986)).

The movant bears the initial burden of showing, by reference to the record, that there is no genuine issue of material fact. See Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986); Barreto v. Davie Marketplace, LLC, 331 F.Appx. 672, 673 (11th Cir. 2009). The movant can meet this burden by presenting evidence showing there is no dispute of material fact, or by demonstrating to the district court that the nonmoving party has failed to present evidence in support of some element of its case on which it bears the ultimate burden of proof. See Celotex, 477 U.S. at 322-24. Once the movant has met its burden, the nonmoving party is required "to go beyond the pleadings" and identify "specific facts showing that there is a genuine issue for trial." Id. at 324. To avoid summary judgment, the nonmoving party "must do more than summarily deny the allegations or show that there is some metaphysical doubt as to the material facts.'" Matsuhita, 475 U.S. at 586 (citations omitted). Instead, the nonmovant must point to record evidence that would be admissible at trial. See Jones v. UPS Ground Freight, 683 F.3d 1283, 1294 (11th Cir. 2012) (quoting Macuba v. Deboer, 193 F.3d 1316, 1322 (11th Cir. 1999)) (noting that hearsay may be considered on a motion for summary judgment only if it "could be reduced to admissible evidence at trial or reduced to admissible form"). Such evidence may include affidavits or declarations that are based on personal knowledge of the affiant or declarant. See Fed.R.Civ.P. 56(c)(4).

On a motion for summary judgment, the Court must view all evidence and factual inferences drawn therefrom in the light most favorable to the nonmoving party and determine whether that evidence could reasonably sustain a jury verdict. See Celotex, 477 U.S. at 322-23; Allen, 121 F.3d at 646. However, the Court must grant summary judgment if there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c).

II. Local Rule 56

Local Rule 56 requires the following:

The respondent to a motion for summary judgment shall attach to the response a separate and concise statement of material facts, numbered separately, to which the respondent contends there exists a genuine issue to be tried. Response shall be made to each of the movant's numbered material facts. All material facts contained in the moving party's statement which are not specifically controverted by the respondent in respondent's statement shall be deemed to have been admitted, unless otherwise inappropriate.

M.D. Ga. L.R. 56. Here, Parker properly filed a summary judgment motion with a statement of undisputed facts, as required by the Federal Rules of Civil Procedure and the Local Rules of this Court. (Doc 21.) Likewise, Turner filed the proper response to Parker's statement of material facts. ( See Doc. 23.) Having established the applicable standards, the Court will proceed to the facts.

RELEVANT FACTUAL BACKGROUND

The following facts are derived from the Complaint (Doc. 1); Parker's Answer (Doc. 7); Parker's Statement of Undisputed Facts (Doc. 21); and Turner's Response to Parker's Statement of Undisputed Material Facts (Doc. 23); and the record in this case. Where relevant, the factual summary also contains undisputed and disputed facts derived from the pleadings, the discovery and disclosure materials on file, and any affidavits, all of which are ...


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