Harris v. Wal-Mart Stores, Inc.
| Decision Date | 15 September 2014 |
| Docket Number | Civil No. 1:13–cv–2218–JTF–egb. |
| Citation | 48 F.Supp.3d 1025 |
| Parties | Tenassa HARRIS, Plaintiff, v. WAL–MART STORES, INC. d/b/a/ Walmart, City of Humboldt, Tennessee, Raymond Simmons, In his individual capacity and official capacities as the Chief of Police for the City of Humboldt, and Dale Baker, in his individual and official Capacities as an officer of the Humboldt Police Department, Defendants. |
| Court | U.S. District Court — Western District of Tennessee |
Robert L. Thomas, Weinman & Associates, Jackson, TN, for Plaintiff.
Russell E. Reviere, Matthew Robert Courtner, Milton Dale Conder, Jr., Rainey Kizer Reviere & Bell, PLC, Jackson, TN, for Defendants.
ORDER ADOPTING THE REPORT AND RECOMMENDATION GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND DISMISSING CASE WITH PREJUDICE
Before the Court is Defendants City of Humboldt, Raymond Simmons, and Dale Baker's Motion for Summary Judgment filed on August 27, 2013. (ECF No. 11.) On October 15, 2013, Plaintiff filed her Response to Defendants' Motion for Summary Judgment. (ECF No. 17.) On February 19, 2014, the Court referred the motion to the United States Magistrate Judge for Report and Recommendation pursuant to 28 U.S.C. § 636(b). (ECF No. 19.) On July 1, 2014, the Magistrate Judge issued his Report and Recommendation that Defendants' Motion for Summary Judgment be granted. (ECF No. 26.) Plaintiff filed objections to the Magistrate's Report and Recommendation on July 15, 2014 (ECF No. 28.), to which Defendants responded on July 25, 2014 (ECF No. 30.).
After reviewing Defendants Motion for Summary Judgment, Plaintiff's Response, the Magistrate's Report and Recommendation, Plaintiff's Objections, Defendants' response, and the entire record, the Court finds the Objections should be overruled and the Magistrate's Report and Recommendation should be adopted. Thus, Defendants' Motion for Summary Judgment is GRANTED, and the case DISMISSED with prejudice.
The Plaintiff filed no objections to the Magistrate Judge's proposed facts. Consequently, the Court adopts the Magistrate Judge's proposed findings of fact as the factual history of this case.
The district court has the authority to refer certain pre-trial matters to a magistrate judge for resolution. 28 U.S.C. § 636(b) ; Callier v. Gray, 167 F.3d 977, 980 (6th Cir.1999). These referrals may include non-dispositive pretrial matters, such as a motion to compel or a motion for a protective order concerning discovery. 28 U.S.C. § 636(b)(1)(A). They may also include dispositive matters such as a motion for summary judgment or a motion for injunctive relief. 28 U.S.C. § 636(b)(1)(B). When a dispositive matter is referred, the magistrate judge's duty is to issue proposed findings of fact and recommendations for disposition, which the district court may or may not adopt. “The district judge may accept, reject, or modify the recommended disposition; receive further evidence; or return the matter to the magistrate judge with instructions.” Fed.R.Civ.P. 72(b)(3).
The district court has appellate jurisdiction over any decisions the magistrate judge issues pursuant to such a referral. 28 U.S.C. § 636(b) ; Fed.R.Civ.P. 72. The standard of review that is applied by the district court depends on the nature of the matter considered by the magistrate judge.
If the magistrate judge issues a non-dispositive pretrial order, the district court should defer to that order unless it is “found to be clearly erroneous or contrary to law.” 28 U.S.C. § 636(b)(1)(A) ; Fed.R.Civ.P. 72(a). However, if the magistrate judge order was issued in response to a dispositive motion, the district court should engage in de novo review of all portions of the order to which specific written objections have been made. 28 U.S.C. § 636(b)(1)(A) ; Fed.R.Civ.P. 72(a) ; Baker v. Peterson, 67 Fed.Appx. 308, 311 (6th Cir.2003) ( )
Under Federal Rule of Civil Procedure 56, the court “shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). The party moving for summary judgment “bears the burden of clearly and convincingly establishing the nonexistence of any genuine [disputed] issues of material fact, and the evidence as well as all inferences drawn therefrom must be read in the light most favorable to the party opposing the motion.” Kochins v. Linden–Alimak, Inc., 799 F.2d 1128, 1133 (6th Cir.1986) ; see Fed.R.Civ.P. 56(a). The moving party can meet this burden by showing respondent, after having sufficient opportunity for discovery, has no evidence to support an essential element of his case. See Fed.R.Civ.P. 56(c)(2) ; Street v. J.C. Bradford & Co., 886 F.2d 1472, 1479 (6th Cir.1989).
District courts “possess the power to enter summary judgment sua sponte, so long as the losing party was on notice that she had to come forward with all of her evidence.” Bowling v. Wal–Mart Stores, Inc., 233 Fed.Appx. 460, 464 (6th Cir.2007). Because “the scope of discovery is within the sound discretion of the trial court,” the non-movant has “no absolute right to additional time for discovery.” Id. Summary Judgment may be entered before the end of the discovery period, as long as there was a chance for sufficient discovery. Id.
When confronted with a properly supported motion for summary judgment, the respondent must set forth specific facts showing that there is a genuine dispute for trial. See Fed.R.Civ.P. 56(c). A genuine dispute for trial exists if the evidence is such that a reasonable jury could return a verdict for the nonmoving party. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986). 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, 1356, 89 L.Ed.2d 538 (1986). Furthermore, one may not oppose a properly supported summary judgment motion by mere reliance on the pleadings. See Celotex Corp. v. Catrett, 477 U.S. 317, 324, 106 S.Ct. 2548, 2553, 91 L.Ed.2d 265 (1986). Instead, the nonmoving must present “concrete evidence supporting [her] claims.” Cloverdale Equip. Co. v. Simon Aerials, Inc., 869 F.2d 934, 937 (6th Cir.1989) (citations omitted); see Fed.R.Civ.P. 56(c)(1). The district court does not have the duty to search the record for such evidence. See Fed.R.Civ.P. 56(c)(3) ; InterRoyal Corp. v. Sponseller, 889 F.2d 108, 111 (6th Cir.1989). The nonmoving has the duty to point out specific evidence in the record that would be sufficient to justify a jury decision in her favor. See Fed.R.Civ.P. 56(c)(1) ; InterRoyal Corp., 889 F.2d at 111.
IV. ANALYSIS
On July 1, 2014, the Magistrate Judge issued his Report and Recommendation regarding Defendants' Motion for Summary Judgment. In addition to proposed findings of fact, the Magistrate Judge recommended that Defendants' Motion for Summary Judgment should be granted. Plaintiff filed objections to the Magistrate's Report and Recommendation on July 15, 2014 which are discussed below.
Plaintiff claims, as part of his objections to the Magistrate Judges' findings, that Defendants' Motion for Summary Judgment is not ripe for adjudication because the parties have not completed discovery. Plaintiff filed with the Court a Motion to Amend the Scheduling Order, complete with a Rule 56(d) affidavit. The Affidavit states that “(a)t this early stage in the discovery process, the Plaintiff is unable to ‘present facts essential to justify its opposition’ to the Motion for Summary Judgment, Fed.R.Civ.P. 56(d), and needs to complete additional discovery, including written discovery and depositions, in this matter in order to test the veracity of the Defendants' declarations and to properly respond to said motion.” (ECF No. 13.) As the Magistrate Judge observed, this Court has already ruled on Plaintiff's motion by granting an additional thirteen days to respond. (ECF No. 15.)
Summary judgment may be entered before the end of the discovery period, as long as there has been a sufficient time for discovery. Bowling v. Wal–Mart Stores, Inc., 233 Fed.Appx. 460 (6th Cir.2007). However, if a party needs additional time to respond or needs to conduct additional discovery, a properly supported motion must be filed with the court. Fed.R.Civ.P. 56(d) provides: “[i]f a non-movant shows by affidavit or declaration that, for specified reasons, it cannot present facts essential to justify its opposition, the court may: (1) defer considering the motion or deny it; (2) allow time to obtain affidavits or declaration or take discover; or (3) issue any other appropriate order.” In addition, it has been observed that “[b]are allegations or vague assertions of the need for discovery are not enough. .... In order to fulfill the requirements of Fed.R.Civ.P. 56 ( [d] ), [plaintiff] must state with some precision the material [she] hopes to obtain with further discovery, and how exactly [she] expects those materials would help [her] in opposing summary judgment.” Summers v. Leis, 368 F.3d 881, 887 (6th Cir.2004).
Plaintiff was allowed additional time to respond to the Defendants' Motion for Summary Judgment, and the Court notes that Plaintiff made no additional requests for time to respond. Also, besides vague requests for additional discovery, Plaintiff does not specify with any precision the materials she wishes to obtain and how said materials would assist her in opposing the Motion. Further, the parties indicated that they would not engage in any additional...
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