Holmes v. N. Tex. Health Care Laundry Coop. Ass'n
Decision Date | 18 January 2018 |
Docket Number | Civil Action No. 3:15–CV–2117–L |
Parties | Christina HOLMES, Plaintiff, v. NORTH TEXAS HEALTH CARE LAUNDRY COOPERATIVE ASSOCIATION, d/b/a North Texas Health Care Laundry, Defendant. |
Court | U.S. District Court — Northern District of Texas |
Jay C. English, James Scott Perry, English Law Group PLLC, Dallas, TX, for Plaintiff.
Monte K. Hurst, Jennifer R. Poe, Hallett & Perrin, P.C., Dallas, TX, for Defendant.
Before the court is Defendant's Motion for Summary Judgment (Doc. 72), filed November 18, 2016. After careful consideration of the motion, response, reply, appendixes, record, and applicable law, the court grants Defendant's Motion for Summary Judgment (Doc. 72).
This case arises out of the employment of Plaintiff Christina Holmes ("Plaintiff" or "Holmes") by Defendant North Texas Health Care Laundry Cooperative Association, d/b/a North Texas Health Care Laundry ("NTHCL" or "Defendant"). Holmes alleges that shortly after she began working at NTHCL she was subjected to unwelcome sexual advances by David Hernandez ("Hernandez"), NTHCL's general manager, culminating in numerous sexual encounters over the course of several months. Holmes commenced this action on June 23, 2015, asserting federal claims against NTHCL for sexual harassment and retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. ("Title VII"), as well as state law claims of negligence, intentional infliction of emotional distress, battery, assault, gross negligence, and negligent investigation. She seeks compensatory and exemplary damages, as well as prejudgment and postjudgment interest, attorney's fees, and costs. NTHCL has filed a motion for summary judgment, contending that no genuine disputes of material fact exist with respect to Holmes's asserted claims, and that it is, therefore, entitled to entry of judgment as a matter of law. NTHCL also seeks summary judgment on its Ellerth / Faragher1 affirmative defense with respect to Holmes's Title VII claims. The court now sets forth the facts upon which it relies to resolve the summary judgment motion. In setting forth the facts, the court applies the summary judgment standard as set forth in the following section. The facts are undisputed, unless otherwise noted.
NTHCL is a specialty laundry service based in Grand Prairie, Texas, and provides clean linens to numerous hospitals and clinics in Texas. Foussard Montague Associates, Inc. ("FMA"), NTHCL's management company, provides it with a general manager to work out of its Grand Prairie facility. At all relevant times, Hernandez held the general manager position at NTHCL and was responsible for the day-to-day operations of the facility.
On July 15, 2013, NTHCL hired Holmes to work as a customer service representative. On her first day, Holmes met with Mary Khan ("Khan"), NTHCL's human resources manager, to review and complete her employee paperwork and review safety videos. As part of her orientation that day, Holmes received a copy of NTHCL's Employee Handbook "outlin[ing] the policies and work rules of the company and [her] responsibilities as an employee." Def.'s Summ. J. App. 46. Together, Holmes and Khan reviewed portions of the Employee Handbook. Holmes also signed an acknowledgment page confirming that she received the Employee Handbook and would read it. Id. at 46.2 The Employee Handbook contains a "Policy Against Harassment," which provides:
Initially, Holmes was supervised by Jake McCuiston ("McCuiston"), NTHCL's Customer Service Manager. In or around September 2013, McCuiston found another job and tendered his resignation. FMA made the decision to transfer another NTHCL employee, Will Chavez ("Chavez"), into the Customer Service Manager position, and he became Holmes's direct supervisor.
In or around October 2013, Holmes and Hernandez began exchanging text and e-mail messages of an informal nature using their work e-mail accounts. Beginning in March 2014, e-mail and text messages became more frequent and more personal. On March 12, 2014, for example, Holmes sent Hernandez a text message containing a link to "Gorilla," a sexually graphic song by Bruno Mars. Id. at 544.3 Holmes also referenced romantic songs in her communications with Hernandez, such as "All of Me" by John Legend,4 stating her belief that "every verse of that song applies to us." Id. at 116.
At around this time, Holmes and Hernandez began to use private g-mail accounts to communicate with each other, rather than their work e-mails. Holmes created her own g-mail account under the name "missevasive1@gmail.com," which she only used for purposes of communicating with Hernandez. Id. at 5. On March 13, 2014, Holmes sent a g-mail message to Hernandez at his g-mail address, "dalyd72@gmail.com," stating Id. at 56.
After this e-mail, Holmes and Hernandez exchanged hundreds of e-mails, many of which were sexually graphic and lascivious in nature, many initiated by Holmes, others initiated by Hernandez, and many in which Holmes stated that she missed Hernandez, wanted to be with him, and loved him. See id. at 70, 81–381. Among the hundreds of e-mails are the following excerpts authored by Holmes and sent to Hernandez:
Id. at 233. These e-mails are just examples of the voluminous e-mails exchanged by Holmes and Hernandez between March 2014 and the beginning of May 2014, that are sexually graphic.
Holmes also sent e-mail messages to Hernandez stating that she did not want their relationship to end. For example, she e-mailed him and said: ; and Id. at 84, 119, 135, 166. Holmes also sent Hernandez photos of herself. Id. at 259, 261.
In addition to these e-mails, Holmes informed Hernandez in many other e-mails that she missed him, wanted to be with him, and loved him. Id. at 86, 101, 111, 145, 156, 159, 162, 179, 180, 185, 200–03, 212–13, 215, 221, 227, 241, 244, 273,...
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...when they indicate the sender, recipient, and date and time of transmission. Holmes v. N. Tex. Health Care Laundry Coop. Ass'n, 304 F. Supp. 3d 525, 535 & n.5 (N.D. Tex. 2018); FED. R. EVID. 901(b)(4). Here, the emails include the sender's name, the recipient, the date, and the subject. The......
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