Blasic v. Chugach Support Services, Inc., Civil No. WDQ-04-4022.
| Decision Date | 20 November 2009 |
| Docket Number | Civil No. WDQ-04-4022. |
| Citation | 673 F.Supp.2d 389 |
| Parties | James BLASIC, Plaintiff, v. CHUGACH SUPPORT SERVICES, INC., et al., Defendants. |
| Court | U.S. District Court — District of Maryland |
Ann C. Robertson, Temple D. Trueblood, Wiggins Childs Quinn and Pantazis LLC, Birmingham, AL, Eric Kenneth Bachman, Wiggins Childs Quinn and Pantazis PLLC, Washington, DC, for Plaintiff.
James Blasic, Laurel, MD, pro se.
Harvey A. Levin, Thompson Coburn, LLP, Washington, DC, for Defendants.
James Blasic sued Chugach Support Services, Inc. ("CSS") and Chugach Alaska Corporation ("CAC") for violating 42 U.S.C. § 1981. Pending are renewed cross motions for summary judgment (Paper Nos. 82 & 90), Blasic's renewed motion to exclude the Defendants' expert (Paper No. 88), and the Defendants' supplemental motion for summary judgment on damages (Paper No. 163). For the following reasons, the cross motions for summary judgment will be denied; Blasic's motion to exclude and the Defendants' supplemental motion on damages will be granted in part and denied in part.
CAC is an Alaska Native Corporation formed under the Alaska Native Claims Settlement Act. Def.'s Mot. Summ. J. Ex. 1 (Barney Uhart Decl. ¶ 2, Dec. 5, 2005).1 CSS, a subsidiary of CAC, did construction projects for the United States Department of Health and Human Services ("HHS") at the National Institutes of Health campus in Bethesda, Maryland. Id. Ex. 2 (Lori Clowers Decl. ¶ 4, December 6, 2005); Uhart Decl. ¶¶ 3-4. Blasic was the CSS finance manager there. Id. Ex. 19 (Robert Westermann, Jr. Dep. 10:5, Nov. 4, 2005).
On May 27, 2003, Blasic sent Peggy Brewer, the CAC Controller, an email that accused David Hamlett, the NIH site project manager,2 of taking kickbacks from the carpenters' union. Id. Exs. 14 & 15 (Peggy J. Brewer Dep. 67:11-13, Nov. 2, 2005). Brewer forwarded this email to Hutton, who told Blasic that his email had been "totally inappropriate" and instructed him to let Hamlett make the project decisions. Id. Ex. 14. On May 29, 2003, Hamlett emailed CSS Director of Construction Services, James Hutton, that Blasic should be replaced, but no action was taken. Id. Ex. 16.
Several months later, Hamlett reprimanded Blasic for his "inappropriate and insubordinate" email. Id. Ex. 17.3 On September 4, 2003, Robert Westermann, the CSS President, met with Hutton, Hamlett, and Blasic about the reprimand. Westermann Dep. 8:11-19, 9:23. In that meeting, Westermann tore up the reprimand because it was untimely and admonished Blasic and Hamlett to "work in concert" and "get along." Id. 8:18-25. Westermann intended this meeting "to clean the slate." Id. 8:23.4
On September 20, 2003, John Weldon, the NIH site superintendent, terminated two Hispanic painters5 on Hamlett's recommendation. Def.'s Mot. Summ. J. Ex. 44. Two Hispanic carpenters employed at the NIH site had also been terminated that month. Id. On October 15, 2003, Blasic sent an email to CAC senior financial analyst Kathy Schreiber about potential lawsuits and EEOC claims against "Chugach"6 by recently terminated Latino employees. Id. Ex. 20; Uhart Decl. ¶ 5. That email mentioned "numerous derogatory comments . . . by Chugach management about non-white workers."7 Def. Mot. Summ. J. Ex. 20. Schreiber forwarded this email to Brewer and Hutton. Id. This was the Defendants' first notice of possible discrimination at the NIH site, Id. at 10, and Hutton was directed to investigate. Hutton Dep. 47:2-6.
In the week following this email, Hutton and Blasic met to discuss these allegations. Def.'s Reply & Opp. 24. During one of these meetings, Hutton asked Blasic why he had sent his email to Schreiber. James M. Blasic Dep. 233:2-7, Oct. 6, 2005 [hereinafter Blasic Dep. I]. Blasic explained that he "didn't feel comfortable going to [Hamlett] about the problem" and had been "instructed on more than one occasion that corporate accounting wanted to be kept informed . . . [Schreiber] wanted to be kept in the loop about what was going on." Id. 233:14-22.
On October 22, 2003, Hutton met with Blasic to discuss the alleged discrimination and the investigation. Hutton Dep. 130:12-131:12; Blasic Dep. I 249:7-19. During the conversation, Blasic said Hamlett was a "racist" and "bigot" and accused him of trying to "cover up what Hamlett was doing at the site." Def.'s Mot. Summ. J. Ex. 44; Hutton Dep. 129:23-25. Hutton became upset when Blasic brought up discrimination and asked why Blasic had not kept the matter "in-house." Blasic Dep. I 250:7-10. Blasic said that Henry Brabham could confirm Hamlett's discrimination; Hutton asked Blasic to get Brabham so they could discuss the allegations and "resolve this issue once and for all." Def.'s Mot. Summ. J. Ex. 44. Brabham was not available, so Hutton postponed the meeting. Id. The meeting never resumed. Id. Hutton "decided that Blasic never would get past his personal vindictive against Hamlett[] and should be terminated for the good of the project." Id. Hutton fired Blasic later that day. Id.
Hutton said he fired Blasic for "insubordination and not being part of the team."8 Hutton Dep. 139:13-16. According to Hutton, "[t]here were many discussions about [Blasic's] termination through the entire project . . . because he was not a team player," "he didn't know how to follow the chain of command," and "[h]e was very disruptive with his emails." Id. 139:21-24. On October 27, 2003, Hamlett submitted a list of his reprimands of Blasic to Hutton. Pl.'s Opp. Damages Ex. 6. Blasic had never been disciplined. Id.; Hutton Dep. 91:16-23.
After his termination on October 22, 2003, Blasic began looking for another job. Blasic Dep. I 92:12-17. On November 14, 2003, Blasic became a senior accountant at STG, Inc. Def.'s Supp'l Mot. Damages Ex. 2 at 2 [hereinafter Blasic Interrogs.]. His salary was $65,000, and he received three weeks vacation, two weeks sick pay, health insurance with a payroll deduction, and a 401k plan. Id. This job had "weaker" benefits,9 required longer hours, was a "reduction in responsibilities," and involved a much longer commute;10 but he "was forced to take [it] because [he] had bills to pay." Blasic Dep. I 89:14-21, 92:18-22.
Following Blasic's termination, CAC chief financial officer Connie Baehr visited the NIH site and reported several employees' complaints to CAC staff counsel James McCanna. Def.'s Mot. Summ. J. Ex. 33 (Connie Baehr Dep. 39:6-24, October 31, 2005). McCanna's subsequent investigation included a review of Blasic's termination. Id. Ex. 38 (James McCanna Decl. ¶¶ 1-2, Dec. 5, 2005). McCanna found that Hutton's prior investigation, "though well-intentioned," had been incomplete. McCanna Decl. Ex. 1 at 3. McCanna was concerned by "basic site management issues" and "inappropriate comments made by Mr. Hamlett." Id. In December 2003, McCanna's findings led to Hamlett's termination, Hutton's removal as supervisor at the NIH site, and Weldon's resignation. Id.
On December 23, 2003, Baehr told Blasic that Hamlett was no longer employed with CSS and said "[w]e still have details to work out but I was wondering if you would be interested in getting your job with Chugach back?" Def.'s Supp'l Mot. Damages Ex. 4 at 1. Blasic said he might be interested, and Baehr said she "would pass this information along" and "contact him after January 5, [2004]." Id.
On January 8, 2004, Baehr left a message for Blasic, offering him his former job and asking him to call her. Id.11 The next day, Blasic emailed Baehr, requesting "details of [her] proposal in writing" including "position, salary, damages, attorney's fees, etc." Id. Baehr never responded. Id.
On January 20, 2004, Baehr called Blasic, offering to rehire him at his previous salary. Id. She asked Blasic to respond by January 31, 2004, and said the offer would be put in writing upon his acceptance. Id. Blasic never accepted the offer.12 Id.
In June 2004, Blasic resigned from STG to become a controller at Energetics, Inc. Blasic Interrogs. 2; Blasic Dep. 189:12-17. His salary was $68,500, and he received two weeks vacation, two weeks sick leave, and health insurance with a payroll deduction.13 Blasic Interrogs. 2. On April 8, 2005, Blasic was terminated from Energetics. Id. From December 21, 2005 to March 31, 2006, Blasic worked for Spherion as an accounting temp, earning $37.50 per hour and no benefits. Id. at 3. From October 10, 2006 to May 10, 2007, Blasic worked for EAS, LLC as an accounting temp without benefits. Id. Blasic's starting wage at EAS was $45.00 per hour, and it increased to $55.00 per hour on March 1, 2006. Id. From June 24, 2007 to February 10, 2008, Blasic worked for K-Force as an accounting temp, earning $53.00 per hour and limited benefits.14 Id. From August 25, 2008 to March 10, 2009, Blasic worked for Adam Grayson as an accounting temp, earning $55.00 per hour and no benefits. Id.
Blasic filed a timely charge with the Equal Opportunity Employment Commission, which issued a right to sue letter. See Am. Compl. ¶ 12. On December 12, 2004, Blasic and Jose Aleman, Cesar Basilis, Borrayo, and Rodas sued CSS and CAC for violations of 42 U.S.C. § 198115 and Title VII of the Civil Rights Act of 1964.16 On November 11, 2005, the Court dismissed Aleman's and Basilis's claims. Paper No. 64. On December 16, 2005, the Defendants filed a motion for summary judgment. Paper No. 82. On January 20, 2006, Blasic filed motions to exclude the Defendants' expert and for partial summary judgment. Paper No. 88 & 90. On March 28, 2006, the Court granted summary judgment to the Defendants on Borrayo, Rodas, and Blasic's claims. Paper Nos. 103. They appealed. Paper No. 105. The Fourth Circuit reversed summary judgment against Blasic on his § 1981 claims.17 Aleman v. Chugach Support Servs., Inc., 485 F.3d 206 (4th Cir.2007).
On July 17, 2009, Blasic...
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