Cuffy v. Getty Refining & Marketing Co.

• Decision Date: 12 November 1986
• Docket Number: Civ. A. No. 84-761 MMS.
• Citation: 648 F. Supp. 802
• Court: U.S. District Court — District of Delaware
• Parties: Thomas M. CUFFY, Plaintiff, v. GETTY REFINING & MARKETING COMPANY and Texaco Refining & Marketing Company, Defendants.

648 F. Supp. 802

Thomas M. CUFFY, Plaintiff, v. GETTY REFINING & MARKETING COMPANY and Texaco Refining & Marketing Company, Defendants.

Civ. A. No. 84-761 MMS.

United States District Court, D. Delaware.

November 12, 1986.

COPYRIGHT MATERIAL OMITTED

Theopalis K. Gregory of Crosse & Gregory, Wilmington, Del., for plaintiff.

David A. Jenkins of Morris, Nichols, Arsht & Tunnell, Wilmington, Del., of counsel: Larry V. Utke, Houston, Tex., for defendants.

OPINION

MURRAY M. SCHWARTZ, Chief Judge.

Plaintiff Thomas M. Cuffy sued his employer, Getty Refining & Marketing Co.¹ ("Getty"), alleging employment discrimination on the basis of his color under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and 42 U.S.C. § 1981. Two motions are presented for decision: first, plaintiff's motion to amend his pleadings under Rule 15(a); second, defendant's motion for partial summary judgment on the § 1981 claims.² For reasons discussed below, plaintiff's motion to amend will be granted and defendant's motion for summary judgment will be granted in part and denied in part.

FACTS

Getty employs the plaintiff, a black male, as a General Service Operator ("GSO") at its refinery in Delaware City, Delaware. GSO's typically report to GSO Supervisors, who are appointed from among the GSO's based on GSO Supervisor and senior management recommendations.

On October 2, 1980, a white employee was appointed to a vacant GSO Supervisor position. After the announcement of the promotion, plaintiff asked GSO Supervisor Joseph Rizzo why he (Cuffy) was not appointed. Rizzo responded that Cuffy was not appointed because he was black.³ Plaintiff protested this statement, filing a union grievance a few weeks later. In January, 1981, Rizzo and Raymond Arzinger, manager of the Getty refinery, sent letters of apology to plaintiff concerning the October 2 statement of Rizzo.

Plaintiff filed a discrimination charge with the Equal Opportunity Commission ("EEOC") on February 23, 1981, asserting that he was denied a promotion to GSO Supervisor on the basis of his race. The parties entered into a Settlement Agreement in June, 1981, which provided, inter alia, "... a) that Mr. Cuffy will be considered for the next vacancy for the position of GSO Supervisor and, if he is judged to be the best qualified candidate, will be appointed to that position." Docket Item ("Dkt.") 41A, at 95.⁴

In the fall of 1981, another GSO supervisor position opened. After reviewing the candidates, Mr. Robert Melson, the refinery's Mechanical Superintendent, appointed Al Miller, a white GSO, to the position. Plaintiff learned of this decision on December 20, 1981, and filed a Charge of Discrimination with the EEOC on June 18, 1982. Plaintiff claimed that he was denied the promotion because he is black, and in retaliation for the previous EEOC complaint. After conciliation efforts failed, the EEOC sent a Right to Sue Letter to plaintiff on October 25, 1984.

Prior to the conclusion of the EEOC investigation, Getty reprimanded and suspended plaintiff for three days for neglecting his duties while on fire watch duty at the refinery on May 4, 1984. Plaintiff objected to the disciplinary action through the union grievance procedures, but the arbitrator upheld Getty's action. In the Matter of Arbitration Between Cuffy v. Texaco, Case No. 14-300-1395-84R (Feb. 13, 1985). Plaintiff seeks to add this incident to his complaint as evidence of Getty's continuing discrimination and retaliation against him.

Plaintiff filed suit on December 28, 1984. Discovery was to be concluded by December 1, 1985. Defendant moved for summary judgment on the § 1981 claims on December 31, 1985; plaintiff filed a motion to amend his complaint on January 23, 1986, six days after all such motions were to be filed.

DISCUSSION

The Court will begin by examining plaintiff's motion to amend, and then consider defendant's motion for partial summary judgment.

A. Motion to Amend

Plaintiff seeks to amend the complaint to clarify his legal theory and provide specific facts concerning racial discrimination and retaliation.⁵ He asserts that the May, 1984, suspension was racially motivated and has now been added to the complaint because the discriminatory intent did not become clear until after further discussions with his counsel. Moreover, plaintiff asserts the alleged violation of the Settlement Agreement constitutes a "continuing violation."

The Court is not called on to consider whether these amendments are sufficient to make out a Title VII or § 1981 claim. Rather, the concern is whether the plaintiff should be permitted to amend his complaint to bring these incidents and theory into the litigation. Rule 15(a) states that a party may amend the pleading with the court's permission, and "leave shall be freely given when justice so requires." Fed.R.Civ.P. 15(a). The Supreme Court gave a liberal interpretation of the rule in Foman v. Davis, 371 U.S. 178, 83 S.Ct. 227, 9 L.Ed.2d 222 (1962), noting that absent undue delay, bad faith, or prejudice to the opposing party, the court should allow amendment. Id. at 182, 83 S.Ct. at 230. The Third Circuit Court of Appeals, in Cornell & Co. v. OSHRC, 573 F.2d 820 (3d Cir.1978), stated, "It is well-settled that prejudice to the nonmoving party is the touchstone for the denial of an amendment." Id. at 823; see Heyl & Patterson Intern. v. F.D. Rich Housing, 663 F.2d 419, 425 (3d Cir.1981); Carey v. Beans, 500 F.Supp. 580, 582 (E.D. Pa.1980). The general presumption in favor of allowing amendment, Boileau v. Bethlehem Steel Corp., 730 F.2d 929, 938 (3d Cir.1984), can be overcome only by the opposing party showing that the amendment will be prejudicial.

Defendant argues that granting the motion will be prejudicial, coming after discovery has been completed with a new discriminatory act and a new legal theory. Furthermore, defendant asserts plaintiff offered the amendments only after the defendant's motion for partial summary judgment had been filed, in an eleventh hour attempt to avoid what defendant regards as the inevitable outcome of its motion.

Prejudice does not mean inconvenience to a party. Moreover, it is obvious that an amendment, designed to strengthen the movant's legal position, will in some way harm the opponent. In the context of a 15(a) amendment, prejudice means that the nonmoving party "must show that it was unfairly disadvantaged or deprived of the opportunity to present facts or evidence which it would have offered had the ... amendments been timely." Heyl & Patterson Intern., 663 F.2d at 426. Cf. Cornell & Co., 573 F.2d at 825 (court denied the government's motion to amend as delay was the cause of the defendant's inability to secure the testimony of vital witnesses).

The timing of the motion is not dispositive. Although a plaintiff should plead specific instances of discrimination and applicable theories at the outset in a civil rights complaint, the failure to do so does not bar amendment, even 13 months after the complaint was filed. See Heyl & Patterson Intern., 663 F.2d at 426.

The necessity for defendant to conduct further discovery on the May 4 suspension of plaintiff is not sufficient to show prejudice. See Goodman v. Mead Johnson & Co., 534 F.2d 566, 569 (3d Cir.1976) (necessity of further discovery not sufficient prejudice to bar amendment alleging claim arising from same transaction). Similarly, the fact that the motion to amend was made after the motion for partial summary judgment does not require denying the plaintiff's motion. See Artman v. International Harvester Co., 355 F.Supp. 476, 481 (W.D.Pa.1972) (granting plaintiff's motion to amend after hearing on defendant's summary judgment motion); Boileau, 730 F.2d at 936-37 (allowing amendment after summary judgment motion filed to conform to Supreme Court decision); 6 Moore's Federal Practice 2d, ¶ 56.10 (complaint should not be summarily dismissed after summary judgment motion if amendment would state good cause of action).

Defendant cites two cases, Local 472, etc. v. Georgia Power Co., 684 F.2d 721 (11th Cir.1982), and Roberts v. Arizona Bd. of Regents, 661 F.2d 796 (9th Cir.1981), that uphold denials of motions to amend after summary judgment motions were filed. Both opinions are premised on the abuse of discretion standard of review for a district judge's decision to deny the motion. They do not analyze the merits of whether the non-moving parties would be prejudiced by the amendments. The cases provide no teaching on the issue of whether defendant will be prejudiced.

Defendant has failed to show the requisite prejudice if the Court should grant the amendment. Further, granting the motion comports with the strong policy underlying Rule 15(a), by allowing plaintiff to fully and fairly litigate his claims of discrimination.⁶See Boileau, 730 F.2d at 939. Plaintiff will be granted permission to amend his complaint.

B. Motion for Partial Summary Judgment

Rule 56(c) of the Federal Rules of Civil Procedure permits the Court to render summary judgment if it is "shown that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." The allegations, evidence produced by the parties, and any inferences drawn from the underlying facts must be viewed in the light most favorable to the nonmoving party. Goodman v. Mead Johnson & Co., 534 F.2d 566, 573 (3d Cir.1976). The moving party has the initial burden of demonstrating the absence of any material factual dispute, Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 1608, 26 L.Ed.2d 142 (1970), and that "burden may be discharged by `showing' — that is, pointing out to the District Court — that there is an absence of evidence to support the nonmoving party's case." Celotex Corp. v. Catrett, ___ U.S. ___, 106 S.Ct. 2548, 2554, 91 L.Ed.2d 265 (1986); see In re Japanese Electronic Products Antitrust Litigation, 723 F.2d 238, 257 (3d Cir.1983), rev'd in...