Greenwood v. Delphi Automotive Systems, Inc.
| Decision Date | 17 March 2003 |
| Docket Number | No. C-3-00-384.,C-3-00-384. |
| Parties | Edward GREENWOOD, et al., Plaintiffs, v. DELPHI AUTOMOTIVE SYSTEMS INC., et al., Defendants. |
| Court | U.S. District Court — Southern District of Ohio |
Thomas Albert Hansen, Breidenbach, Johnson, Douple, Beyoglides, Leve & Hansen, Dayton, OH, for plaintiffs/counter-defendant.
Lori A. Clary, Jones Day Reavis & Pogue, Columbus, OH, Robert S. Walker, Tracy K. Stratford, Jones, Day, Reavis, & Pogue, Cleveland, OH, Thomas J. Replogle, Gianuglou, Skilken & Replogle, Dayton, OH, Stephen Koslow, Washington, DC, Thomas Hays Pyper, Jenks Pyper & Oxley Co LPA, Dayton, OH, for defendants/counter-claimant.
DECISION AND ENTRY SUSTAINING THE MOTIONS OF CRYSTAL LONG AND TERI ENGLEMAN FOR SUMMARY JUDGMENT (DOC. #52); OF DELPHI AUTOMATE SYSTEMS, INC., FOR SUMMARY JUDGMENT (DOC. #53), AND OF IUE LOCAL 755, DAVID HEIZER, GERALD SEEGE, EDWARD HARM AND JAMES CLARK FOR SUMMARY JUDGMENT (DOC. #55); PLAITIFF'S MOTION FOR SUMMARY JUDGMENT (DOC. #67) SUTAINED; JUDGMENT TO BE ENTERED ACCORDINGLY; TERMINATION ENTRY
This litigation arises out of the alleged sexual harassment, harassment, and intimidation of Plaintiff Edward J. Greenwood ("Greenwood"), an employee of Defendant Delphi Automotive Systems, Inc. ("Delphi"), by two of his co-workers, Defendants Crystal Long ("Long") and Teri Engleman ("Engleman") (Doc. # 1).1 In his Complaint, Plaintiff alleges that their conduct was known by Defendant Gerald Seege ("Seege"), an alleged Delphi supervisor,2 but that no action was taken. Plaintiff further alleges that he filed complaints with his union, Defendant IUE Local 755, but due to the conspiracy between union representatives David Heizer ("Heizer"), Edward Harm ("Harm") and James Clark ("Clark"),3 his complaints were neither investigated nor addressed.
On June 30, 2000, Plaintiff initiated this litigation in the Montgomery County Court of Common Pleas (Doc. # 1), setting forth four claims for relief, to wit: (1) a state law claim for sexual harassment and hostile work environment, in violation of Ohio Rev.Code Ch. 4112, against Defendants Delphi, Seege, Long and Engleman; (2) a claim against Defendants IUE Local 755, Clark, Heizer and Harm ("the Union Defendants") for breach of their duty of fair representation; (3) a state law claim against Defendants Heizer, Harm, Clark, Seege, Long and Engleman for conspiracy to inflict severe emotional distress; and (4) a state law claim by Plaintiffs wife for loss of consortium. On August 2, 2000, Delphi, with the written consent of the other Defendants, removed the action to this Court, alleging that the claims against the union and its representatives, as set forth in Count Two, are preempted by § 301 of the Labor-Management Relations Act ("LMRA"), 29 U.S.C. § 185(a) (id.). On August 28, 2000, Long and Engleman filed an Answer and Counterclaim (Doc. # 9), in which they asserted claims of defamation and abuse of process against Greenwood.
Pending before the Court are Defendants' Motions for Summary Judgment, filed by Long and Engleman (Doc. # 52), Delphi (Doc. # 53), and the Union Defendants (Doc. # 55). Also pending is Greenwood's Motion for Summary Judgment on Long and Engleman's counterclaims (Doc. # 67). For the reasons assigned, all of the Motions for Summary Judgment are SUTAINED.
Summary judgment must be entered "against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial." Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). Of course, the moving party:
always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any," which it believes demonstrate the absence of a genuine issue of material fact.
Id. at 323, 106 S.Ct. 2548; see also Boretti v. Wiscomb, 930 F.2d 1150, 1156 (6th Cir. 1991)(The moving party has the "burden of showing that the pleadings, depositions, answers to interrogatories, admissions and affidavits in the record, construed favorably to the nonmoving party, do not raise a genuine issue of material fact for trial.")(quoting Gutierrez v. Lynch, 826 F.2d 1534, 1536 (6th Cir.1987)). The burden then shifts to the nonmoving party who "must set forth specific facts showing that there is a genuine issue for trial." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)(quoting Fed.R.Civ.P. 56(e)). Thus, "[o]nce the moving party has met its initial burden, the nonmoving party must present evidence that creates a genuine issue of material fact making it necessary to resolve the difference at trial." Talley v. Bravo Pitino Restaurant, Ltd., 61 F.3d 1241, 1245 (6th Cir.1995). Read together, Liberty Lobby and Celotex stand for the proposition that a party may move for summary judgment by demonstrating that the opposing party will not be able to produce sufficient evidence at trial to withstand a directed verdict motion (now known as a motion for judgment as a matter of law, Fed.R.Civ.P. 50). Street v. J.C. Bradford & Co., 886 F.2d 1472, 1478 (6th Cir.1989).
Once the burden of production has so shifted, the party opposing summary judgment cannot rest on its pleadings or merely reassert its previous allegations. It is not sufficient to "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); see also Michigan Protection and Advocacy Serv., Inc. v. Babin, 18 F.3d 337, 341 (6th Cir. 1994)("The plaintiff must present more than a scintilla of evidence in support of his position; the evidence must be such that a jury could reasonably find for the plaintiff."). Rather, Rule 56(e) "requires the nonmoving party to go beyond the [unverified] pleadings" and present some type of evidentiary material in support of its position. Celotex Corp., 477 U.S. at 324, 106 S.Ct. 2548. Summary judgment "shall be rendered forthwith 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." Fed.R.Civ.P. 56(c). Summary judgment shall be denied "[i]f there are ... `genuine factual issues that properly can be resolved only by a finder of fact because they may reasonably be resolved in favor of either party.'" Hancock v. Dodson, 958 F.2d 1367, 1374 (6th Cir. 1992) (citation omitted). Of course, in determining whether a genuine issue of material fact exists, a court must assume as true the evidence of the nonmoving party and draw all reasonable inferences in favor of that party. Anderson, 477 U.S. at 255, 106 S.Ct. 2505 (emphasis added). If the parties present conflicting evidence, a court may not decide which evidence to believe, by determining which parties' affiants are more credible; rather, credibility determinations must be left to the factfinder. 10A Wright, Miller & Kane, Federal Practice and Procedure, § 2726. In ruling on a motion for summary judgment (in other words, in determining whether there is a genuine issue of material fact), "[a] district court is not ... obligated to wade through and search the entire record for some specific facts that might support the nonmoving party's claim." InterRoyal Corp. v. Sponseller, 889 F.2d 108, 111 (6th Cir.1989), cert, denied, 494 U.S. 1091, 110 S.Ct. 1839, 108 L.Ed.2d 967 (1990); see also L.S. Heath & Son, Inc. v. AT & T Information Systems, Inc., 9 F.3d 561 (7th Cir.1993); Skotak v. Tenneco Resins, Inc., 953 F.2d 909, 915 n. 7 (5th Cir.), cert, denied, 506 U.S. 832, 113 S.Ct. 98, 121 L.Ed.2d 59 (1992)("Rule 56 does not impose upon the district court a duty to sift through the record in search of evidence to support a party's opposition to summary judgment....") Thus, a court is entitled to rely, in determining whether a genuine issue of material fact exists on a particular issue, only upon those portions of the verified pleadings, depositions, answers to interrogatories and admissions on file, together with any affidavits submitted, specifically called to its attention by the parties.
Plaintiff Edward Greenwood, a 57 year old male, was hired by Delphi's predecessor, General Motors Corporation, on November 8, 1965, and has worked for the company for more than 37 years. Plaintiff is an hourly employee, and the terms and conditions of his employment are established by collective bargaining agreements between Delphi and his union, Defendant IUE Local 755. For the last fifteen years, Plaintiff has worked in the central tool supply area, commonly referred to as the tool crib, an area where employees request and are provided parts and supplies. Between March of 1998 and March of 1999, Plaintiff worked the third shift.5 Throughout his employment, he has tried to work as much overtime as possible.
Defendants Crystal Long and Teri Engleman were both hired in the early 1990s, and they became friends.6 In early 1998, Long began working in the tool crib. Plaintiff and Long briefly worked the same shift. Long introduced Engleman to Plaintiff, and the three of them became friends. For most of the relevant time period, Long and Engleman worked the second shift.
Plaintiff alleges that Long and Engleman have made sexual comments throughout their friendship, beginning in the Spring of 1998. In March of 1998, Engleman and Long commented that Plaintiff had a "cute little butt." (Greenwood Depo I at 17)7. Plaint...
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