Johnson v. Conn. Dep't of Admin. Servs.

• Decision Date: 13 September 2013
• Docket Number: Civil Action No. 3:11–CV–01106 (VLB).
• Court: U.S. District Court — District of Connecticut
• Parties: Rebecca JOHNSON, Plaintiff, v. CONNECTICUT DEPARTMENT OF ADMINISTRATIVE SERVICES, Defendant.

972 F.Supp.2d 223

Rebecca JOHNSON, Plaintiff,

v.CONNECTICUT DEPARTMENT OF ADMINISTRATIVE SERVICES, Defendant.

Civil Action No. 3:11–CV–01106 (VLB).

United States District Court,

D. Connecticut.

Sept. 13, 2013.

Josephine S. Miller, East Hartford, CT, for Plaintiff.

Jill Lacedonia, Josephine S. Graff, Office of the Attorney General—Elm HTFD Employment Rights Department, Nancy A. Brouillet, Office of the Attorney General, Hartford, CT, for Defendant.

MEMORANDUM OF DECISION GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT [Dkt. # 38]

VANESSA L. BRYANT, District Judge.

I. Introduction

The Plaintiff, Rebecca Johnson (“Johnson”), brings this failure-to-hire action against the Defendant State of Connecticut Department of Administrative Services (“DAS”) pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. Before the Court is the Defendant's Motion for Summary Judgment. For the reasons that follow, the Defendant's Motion for Summary Judgment is GRANTED.

II. Local Rule 56 Statements

As an initial matter, the Court notes that Plaintiff has failed to comply with the Federal Rules of Civil Procedure for asserting and contesting facts on a motion for summary judgment. The Rules provide that

(c)(1) [a] party asserting that a fact cannot be or is genuinely disputed must support the assertion by: (A) citing to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials; or (B) showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact. (2) A party may object that the material cited to support or dispute a fact cannot be presented in a form that would be admissible in evidence. (3) The court need consider only the cited materials, but it may consider other materials in the record. (4) An affidavit or declaration used to support or oppose a motion must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant or declarant is competent to testify on the matters stated.

(d) If a nonmovant 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 declarations or to take discovery; or (3) issue any other appropriate order.

(e) If a party fails to properly support an assertion of fact or fails to properly address another party's assertion of fact as required by Rule 56(c), the court may: (1) give an opportunity to properly support or address the fact; (2) consider the fact undisputed for purposes of the motion; (3) grant summary judgment if the motion and supporting materials—including the facts considered undisputed—show that the movant is entitled to it; or (4) issue any other appropriate order.

Fed.R.Civ.P. 56(c)-(e).

In order to defeat a motion for summary judgment a plaintiff must create more than a “metaphysical” possibility that his allegations were correct; she must “come forward with specific facts showing that there is a genuine issue for trial.” Matsushita Electric Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 586–87, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986) (internal quotation marks omitted). “In order to defeat a motion for summary judgment that is properly supported by the evidence contemplated in Federal Rule of Civil Procedure 56(e), ‘the opposing party is required to come forward with materials envisioned by the Rule, setting forth specific facts showing that there is a genuine issue of material fact to be tried. He cannot defeat the motion by relying on the allegations in his pleading, or on conclusory statements, or on mere assertions that affidavits supporting the motion are not credible.’ ” Powell v. Donahoe, 519 Fed.Appx. 21, 22 (2d Cir.2013) (quoting Gottlieb v. Cnty. of Orange, 84 F.3d 511, 518 (2d Cir.1996)).

Rule 56(a) of the Local Rules of Civil Procedure for the District of Connecticut makes clear the procedure for prosecuting and opposing a motion for summary judgment. A party filing a summary judgment motion must annex a “concise statement of each material fact as to which the moving party contends there is no genuine issue to be tried.” D. Conn. L. Civ. R. 56(a)1. Local Rule 56(a) 2 further makes the opponent's duty abundantly clear by stating that a party opposing a motion for summary judgment must file an answering document which states “whether each of the facts asserted by the moving party is admitted or denied” and must also include a “list of each issue of material fact as to which it is contended there is a genuine issue to be tried.” D. Conn. L. Civ. R. 56(a)2. Each statement of material fact in a Local Rule 56(a) 1 or Local Rule 56(a) 2 statement, as well as each denial in a summary judgment opponent's Local Rule 56(a) 2 statement, “must be followed by a specific citation to (1) the affidavit of a witness competent to testify as to the facts at trial and/or (2) evidence that would be admissible at trial.” D. Conn. L. Civ. R. 56(a)3. The Local Rule further clarifies that “[a]ll material facts set forth in [a moving party's 56(a)1] statement and supported by the evidence will be deemed admitted unless controverted by the statement required to be filed and served by the opposing party.” D. Conn. L. Civ. R. 56(a)1. Where a party fails to appropriately deny material facts set forth in the moving party's 56(a)1 statement, and where those facts are supported by evidence in the record, those facts are deemed to be admitted. See SEC v. Global Telecom Servs., L.L.C., 325 F.Supp.2d 94, 109 (D.Conn.2004); Knight v. Hartford Police Dep't, 3:04CV969 (PCD), 2006 WL 1438649 (D.Conn. May 22, 2006).

In support of its motion for summary judgment, the Defendant filed a Local Rule 56(a) 1 statement with specific citations to evidence in the record. The Plaintiff, however, has failed to include any citation to evidence in the record in her 56(a)2 denials of facts alleged to be undisputed by the Defendant.¹ Further, Plaintiff has not denied many of the statements in the Defendants' 56(a)1 statement, admitting instead that she unable to admit or deny them for various reasons. The motion for summary judgment was filed after the discovery deadline and the Plaintiff has not filed any discovery motions suggesting that the Defendant has failed to meet its discovery obligations. Finally, the portion of the Plaintiff's 56(a)2 statement, entitled “Plaintiff's 56(b) Statement of Disputed Facts” is blank, indicating her awareness of the need to list such facts and her lack of knowledge of any such facts. [Dkt. 47, P's 56(a)2 Stmnt. p. 5].

Where the Plaintiff has objected to Defendant's facts but has failed to support her objection with any admissible evidence in the record, where the record itself does not support Plaintiff's denials, or where the Plaintiff has neither admitted nor denied a fact and where the record supports such fact, those facts are deemed to be admitted. Where a statement is not supported by the record, the Court either notes such or does not rely on the purported fact in its determination. See Buell v. Hughes, 568 F.Supp.2d 235, 237 (D.Conn.2008) on reconsideration, 596 F.Supp.2d 380 (D.Conn.2009) (plaintiffs' response that they “lack[ed] sufficient information to agree or disagree” with defendant's facts was an improper denial under Rule 56(a) 2, as it neither agreed with nor denied the defendant's statements); Henton v. City of New London, CIV.3:06 CV 2035(EBB), 2008 WL 2185933 (D.Conn. May 23, 2008) (same); Knight, 2006 WL 1438649 (deeming admitted defendant's undisputed facts where plaintiff responded that he “ha[d] no knowledge” of or “disagree[d] with” the statements and where he offered no evidence in dispute); Walton v. State of Conn., Dep't of Soc. Servs., 3:03CV2262 JBA, 2006 WL 533793 (D.Conn. Mar. 2, 2006) (deeming admitted defendant's material facts where plaintiff claimed insufficient knowledge to respond and offered no evidence to dispute facts); Reynolds v. Town of Suffield, 3:10CV1528 JBA, 2012 WL 3135896, at *1 n. 1 (D.Conn. July 31, 2012) (deeming admitted facts that were supported by the evidence where non-moving party failed to cite to admissible evidence to support denials). See also Celotex Corp. v. Catrett, 477 U.S. 317, 324, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) (holding that Rule 56(e) “requires the nonmoving party to go beyond the pleadings and by her own affidavits, or by the ‘depositions, answers to interrogatories, and admissions on file,’ designate ‘specific facts showing that there is a genuine issue for trial.’ ”).

III. Factual Background

On March 3, 2006, the Connecticut Department of Administrative Services (“DAS”) posted a Job Announcement for two Human Resources Consultant positions assigned to the Statewide Human Resources Management Unit. [Dkt. 38–1, D's 56(a)1 Stmnt. ¶ 1; Dkt. 38–5 (pp. 1–2) (Exh. B), Job Announcement]. Qualified candidates would be “energetic, knowledgeable, and business minded HR professionals” who could provide “HR management services to state agencies in the areas of recruitment, business rules, employee relations, employee development, and staffing.” [Dkt. 38–5 (pp. 1–2) (Exh. B), Job Announcement]. The Announcement specified that “[t]hese positions may be filled at the HR Consultant (MP57) level or as a Leadership Apprentice” and listed the following methods for eligibility:

• Candidate has applied for and passed the Personnel Officer 1 exam and is on the current certification list promulgated by the [DAS] for this classification. OR

• State employees currently holding the above title or those who have previously attained permanent status may apply for lateral...