Byra-Grzegorczyk v. Bristol-Myers Squibb Co.

• Decision Date: 20 August 2008
• Docket Number: No. 3:06cv905 (MRK).,No. 3:06cv1035 (MRK).,3:06cv905 (MRK).,3:06cv1035 (MRK).
• Citation: 572 F.Supp.2d 233
• Court: U.S. District Court — District of Connecticut
• Parties: Anna BYRA-GRZEGORCZYK, Plaintiff, v. BRISTOL-MYERS SQUIBB COMPANY, Defendant. Sadia Abid, Plaintiff, v. Bristol-Myers Squibb Co., Defendant.

572 F.Supp.2d 233

Anna BYRA-GRZEGORCZYK, Plaintiff, v.BRISTOL-MYERS SQUIBB COMPANY, Defendant.

Sadia Abid, Plaintiff, v.Bristol-Myers Squibb Co., Defendant.

No. 3:06cv905 (MRK).

No. 3:06cv1035 (MRK).

United States District Court, D. Connecticut.

August 20, 2008.

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Anna Byra-Grzegorczyk, Orange, CT, pro se.

Glenn William Dowd, Day Pitney LLP, Hartford, CT, Howard Fetner, Day Pitney LLP, New Haven, CT, for Defendant.

Sadia Abid, Killingworth, CT, pro se.

RULING AND ORDER

MARK R. KRAVITZ, District Judge.

Pending before the Court are two motions for summary judgment in the above-referenced cases.¹The Defendant, Bristol-Myers Squibb Co.("Bristol-Myers"), filed a Motion for Summary Judgment[doc. # 68] in Byra-Grzegorczyk v. Bristol-Myers SquibbCo., No. 006cv905 (MRK) and a Motion for Summary Judgment[doc. # 56] in Abid v. Bristol-Myers Squibb Co.,No. 06cv1035 (MRK).For the reasons detailed below, the Court grants in part and denies in part Bristol-Myers' Motions for Summary Judgment.

Bristol-Myers also filed a motion to strike portions of Plaintiffs'56(a)(2) Statement on the grounds that Plaintiffs did not submit a statement of disputed facts and also because, Bristol-Myers claims, many of Plaintiffs' denials did not adequately cite to evidence in the record.SeeDefendant's Motion to Strike Response[Byra doc. # 82, Abid doc. # 74].In response to the Motion to Strike, Plaintiffs filed a motion to include a statement of disputed facts, seeMotion to Amend/Correct 66 LocalRule 56(a)(2) Statement to Include a Statement of Disputed Issues of Material Facts [Byra doc. # 89, Abid doc. # 79], which the Court grants.Therefore, Defendant's Motion to Strike on that ground is moot.The Court finds little merit in the Defendant's remaining objections.However, to the extent they do have merit, the Court has not relied on those particular statements in arriving at its decision.Thus, the Court denies Defendant's Motion to Strike.²

I.Standard for Summary Judgment

Summary judgment is appropriate only when "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 judgment as a matter of law."Fed.R.Civ.P. 56(b).A genuine issue of fact exists when "a reasonable jury could return a verdict for the nonmoving party," and facts are material to the outcome if the substantive law renders them so.Anderson v. Liberty Lobby, Inc.,477 U.S. 242, 251-52, 106 S.Ct. 2505, 91 L.Ed.2d 202(1986).The moving party bears the burden of demonstrating that no genuine issue exists as to any material fact.SeeCelotex Corp. v. Catrett,477 U.S. 317, 323-25, 106 S.Ct. 2548, 91 L.Ed.2d 265(1986).If the moving party carries its burden, the party opposing summary judgment "may not rest upon mere allegations or denials," rather the opposing party must "set forth specific facts showing that there is a genuine issue for trial."Fed.R.Civ.P. 56(e).The Court must draw all ambiguities and inferences in favor of Plaintiff.SeeAnderson,477 U.S. at 255, 106 S.Ct. 2505.However, to defeat a motion for summary judgment, the nonmoving party"must do more than simply show that there is some metaphysical doubt as to the material facts."Matsushita Elec. Indus. Co. v. Zenith Radio Corp.,475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538(1986)."If the evidence is merely colorable, or is not significantly probative, summary judgment may be granted."Anderson,477 U.S. at 249-50, 106 S.Ct. 2505.The purpose of summary judgment is not to try the factual disputes but instead to see if there are material factual disputes to try.

II.Facts

In accordance with the standard for summary judgment, the following are the facts taken in the light most favorable to Plaintiffs.Abid and Byra-Grzegorczyk are both former employees of Bristol-Myers in the Wallingford Separations Group ("WSG") of the Analytical Research and Development Department("AR & D").SeeDefendant's LocalRule 56(a)(1) Statement [Byra doc. # 70, Abid doc. # 58]("Def's56(a)(1)"), Plaintiffs' LocalRule 56(a)(2) Statement [Byra doc. # 76, Abid doc. # 66]("Pls.'56(a)(2)"), ¶¶ 1-5.WSG was responsible for assisting Bristol-Myers' Process Research and Development Department("PR & D") in the development of new drugs by developing analytical methods to assess the potency and purity of pharmaceutical compounds.Seeid.¶ 1.WSG performed most of its analytical work for Wallingford PR & D, which would send samples of compounds to the separation scientists in WSG to analyze them and determine whether they contained impurities.Seeid.¶¶ 5, 8.

Abid was hired by Bristol-Myers in 1989 as an Associate Research Scientist and, after several lateral moves within the company, joined WSG in 1998.Seeid.¶¶ 10-14.During this time, Abid received several promotions and was promoted to Research Scientist II (level D5) in 1998.Seeid.¶¶ 21-23.After 1998, Abid attempted to move from a level D5 position to a level D6 position, but she was not promoted.Seeid.¶¶ 24-26.Bristol-Myers gives as its reason that the move from level D5 to D6 was a significant step in the hierarchy and that most D6 level employees held PhDs.Seeid.¶ 25.Abid, however, contends that she learned that a male employee was promoted to level D6 after only being with the company for six months and that a PhD was not a requirement for a D6 level position.SeePlaintiffs' Response in Opposition to Motion for Summary Judgment[Byra doc. # 76, Abid doc. # 66], Ex. 1, ¶ 6.From 1998 to 2002, WSG consisted of two scientists, Abid and another employee, Tony Spears.SeeDef's56(a)(1)[Byra doc. # 70, Abid doc. # 58], Pls.'56(a)(2)[Byra doc. # 76, Abid doc. # 66], ¶ 16.

In April 2002, Qi Gao became the manager of the Wallingford AR & D and Abid's supervisor.Seeid.¶ 27.Abid claims that shortly after Gao was promoted, she noticed that Gao treated males, particularly white males, with more respect and consideration than Abid was afforded.See Pls.'Resp. in Opp'n to Mot. for Summ. J.[Byra doc. # 76, Abid doc. # 66], Ex. 1, ¶ 7.Their relationship, which was previously "cordial," became strained.Seeid.¶ 50.

Also in 2002, AR & D decided to hire another separations scientist to take a leadership role in WSG.SeeDef's56(a)(1)[Byra doc. # 70, Abid doc. # 58], Pls.'56(a)(2)[Byra doc. # 76, Abid doc. # 66], ¶ 35.In September 2002, Byra-Grzegorczyk was hired for this position and became the technical leader of WSG in December.Seeid.¶ 45.She reported directly to Gao and became Abid's immediate supervisor, although Spears continued to report directly to Gao.Seeid.¶¶ 48-49.Gao reported to Associate Director of AR & D Gerald Didonato, Didonato reported to Director of AR & D Steven Klohr, and Klohr reported to Vice President of AR & D Mark Powell.

Byra-Grzegorczyk alleges that Gao soon targeted her for harassment and intimidation.See Pls.'Resp. in Opp'n to Mot. for Summ. J.[Byra doc. # 76, Abid doc. # 66], Ex. 6, ¶¶ 14-16.Gao required that Byra-Grzegorczyk attend weekly meetings, during which, according to Byra-Grzegorczyk, Gao would verbally abuse her and would threaten her that the company would not give her a second chance if she did not fulfill all of her job responsibilities.Id.¶¶ 15-16.Byra-Grzegorczyk reports that she was often reduced to tears during these meetings.Id.¶ 17.

On June 30, 2003, Human Resources conducted a New Leader Integration for Gao.Human Resources representative Cindy Cannon solicited anonymous comments from AR & D scientists regarding Gao and she received many negative comments, including that Gao "[n]eed[ed] to learn how to better promote group and members" and that she"[m]icro-manage[d] team."Def's56(a)(1)[Byra doc. # 70, Abid doc. # 58], Pls.'56(a)(2)[Byra doc. # 76, Abid doc. # 66], ¶ 73.Also at the June 30 New Leader Integration, Spears made the comment that Gao "treat[ed] women and men differently."Pls.'Resp. in Opp'n to Mot. for Summ. J.[Byra doc. # 76, Abid doc. # 66], Ex. 9at 92.Predictably, the meaning of this statement is the subject of much dispute between the parties.

Relations between Plaintiffs and Gao continued to deteriorate after the New Team Integration.In response to one of her weekly meetings with Gao, Byra-Grzegorczyk wrote a letter to Klohr in September 2003, accusing Gao of being "very critical, negative and authoritarian."Def's56(a)(1)[Byra doc. # 70, Abid doc. # 58], Pls.'56(a)(2)[Byra doc. # 76, Abid doc. # 66], ¶ 84.In response to this letter, Klohr and DiDonato met separately with Gao and Byra-Grzegorczyk.Id.¶ 86.Byra-Grzegorczyk claims that Klohr and DiDonato acted with anger and hostility towards her, meeting with her for more than three hours while they met with Gao for only five minutes.See Pls.'Resp. in Opp'n to Mot. for Summ. J.[Byra doc. # 76, Abid doc. # 66], Ex. 6, ¶¶ 26-27.Abid claims that during this meeting, she could hear voices shouting at Byra-Grzegorczyk.Seeid.Ex. 1, ¶ 61.

After the meeting with Klohr and DiDonato, Gao required Byra-Grzegorczyk to continue to attend weekly meetings with her.See Pls.'Resp. in Opp'n to Mot. for Summ. J.[Byra doc. # 76, Abid doc. # 66], Ex. 6, ¶¶ 28-29.According to Byra-Grzegorczyk, Gao used these meetings to degrade, belittle, and wear her down psychologically.Seeid.¶ 16.As an example, Byra-Grzegorczyk asserts that Gao would refer to her as "woman" while pounding her chest with her fists.Seeid.Ex. 10at 431.

Bristol-Myers claims, and Plaintiffs do not dispute, that some members of PR & D were unsatisfied with the work product of WSG during this period and that there were communication problems between PR & D and WSG, see, e.g.,Def's56(a)(1)[Byra doc. #'70, Abid doc. # 58], Pls.'56(a)(2)[Byra doc. # 76, Abid doc. # 66],...