Karim v. Staples, Inc.

• Decision Date: 23 July 2002
• Docket Number: No. CIV.A.AMD 01-1976.,CIV.A.AMD 01-1976.
• Citation: 210 F.Supp.2d 737
• Parties: Mohamad Mohafuzul KARIM, Plaintiff v. STAPLES, INC., Defendant
• Court: U.S. District Court — District of Maryland

Page 737

210 F.Supp.2d 737

Mohamad Mohafuzul KARIM, Plaintiff v. STAPLES, INC., Defendant

No. CIV.A.AMD 01-1976.

United States District Court, D. Maryland.

July 23, 2002.

Howard J. Needle, Baltimore, MD, for plaintiff.

Charles F. Walters, Seyfarth Shaw, Washington, DC, Abbey G. Hairston, Seyfarth Shaw, Baltimore, MD, for defendant.

MEMORANDUM

DAVIS, District Judge.

This employment discrimination action was instituted by Mohamad Karim ("plaintiff" or "Karim") against his employer, Staples, Inc. ("defendant" or "Staples"), alleging, inter alia, hostile work environment based on national origin, color, race and religion under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. Plaintiff filed the case pro se, but he retained counsel shortly after the case was filed. Now pending are (1) defendant's motion for summary judgment as to all remaining claims and (2) plaintiff's motion to stay ruling on the motion for summary judgment and for an extension of the discovery deadline. The issues have been fully briefed, and no hearing is necessary. For the reasons set forth below, I shall deny plaintiff's motion and grant defendant's motion.

I.

I first address plaintiff's motion to stay a ruling on the summary judgment motion while additional discovery is allowed. Plaintiff is a native of Bangladesh; his first language is Bengali. He does not read or write English; he is assisted with reading and writing English by his wife. In his motion for stay, plaintiff makes the extraordinary contention that recently his attorney learned that plaintiff did not understand the questions that were put to him at his deposition. See Mot. to Stay Ruling on Mot. for Summ. J. ¶ 1. In short, plaintiff argues that he was unable to express himself clearly in his responses to questions at his deposition and that his answers were misleading.

According to plaintiff, his attorney only became aware of this problem when Karim's wife read the transcript of his deposition and she concluded that plaintiff's answers were often incorrect expressions of what he wanted to say. Id. ¶ 2. Plaintiff's wife had him tested by an alleged "expert" in English for speakers of foreign languages. According to an "Informal Language Proficiency Assessment" prepared by this "expert," the test demonstrated that plaintiff "may have significant difficulty in a mainstream English classroom." Id. Attach. (emphasis added). It appears that plaintiff received a score of "D" on the instrument, which employed a scale of "A" to "F," with "A" meaning "non-English speaking" and "F" signifying "fluent English speaking." Id.

Admittedly, defendant relied heavily on plaintiff's deposition testimony in its motion for summary judgment. Plaintiff argues from this fact that this testimony does not accurately reflect the facts surrounding his experience in the Staples workplace; he maintains that it would be unjust for the court to adjudicate the summary judgment motion on the present record. Specifically, plaintiff seeks to have the court require the defendant to conduct a second deposition of the plaintiff in which the questions would be translated into, and plaintiff would be permitted to answer the questions in, the Bengali language.

I am constrained to reject this remarkable request. Karim's motion does not remotely suggest how any specific material fact he reasonably believes exists, that has not already been adduced, would preclude summary judgment. See City of Rome v. Glanton, 958 F.Supp. 1026, 1039 (E.D.Pa.), aff'd w'out op., 133 F.3d 909 (3rd Cir.1997). That is, Karim does not offer a single specific instance wherein his belated assertion of English comprehension difficulty would change any answer he provided during his deposition.

The motion sets forth only unsupported, conclusory assertions that plaintiff's deposition answers are not accurate. Such conclusory declarations are not sufficient to persuade me to take the extraordinary step plaintiff has requested. Cf. Stearns Airport Equipment Co., Inc. v. FMC Corp., 170 F.3d 518, 535 (5th Cir.1999) ("The movant must be able to demonstrate how postponement and additional discovery will allow him to defeat summary judgment; it is not enough to `rely on vague assertions that discovery will produce needed, but unspecified, facts.'" (quoting Washington v. Allstate Insurance Co., 901 F.2d 1281, 1285 (5th Cir.1990))); Wesley v. Don Stein Buick, Inc., 996 F.Supp. 1299, 1309 (D.Kan.1998)("Mere conclusory assertions that additional discovery is necessary are insufficient for purposes of Rule 56(f)." (citation omitted)).

Even more fundamentally, the transcript of Karim's deposition testimony indicates that he understands spoken English and does not need an interpreter. The record reveals that Karim proceeded with two non-consecutive days of deposition without ever mentioning a need for an interpreter. Specifically, plaintiff does not indicate anywhere in his deposition that he has any difficulty understanding spoken English. In fact, he testified to the contrary:

Q: Now, you were just administered an oath a few moments ago. Do you understand that your testimony today is to be given under oath?

A: Yes.

Q: And do you understand that oath?

A: Yes.

* * * * * *

Q: If you don't understand a question of mine, please ask me to repeat it. I'll be glad to try and clarify it or ask it again in a way you understand it. If you don't have a question clarified or repeated, I'm going to assume that you understand it fully.

A: Yes.

* * * * * *

Q: Okay. Is there any reason today why you cannot testify fully and accurately? Is there any medical reason why you will not be able to give full, truthful answers today to the questions that I will ask you?

A: I, I will answer truthfully.

Q: So there's nothing interfering with your ability to answer questions?

A: No.

Karim's Dep. at 5-8. Indeed, Karim specifically distinguished his ability to speak and understand spoken English from his ability to read and to write it, by ensuring that all present at his deposition were aware that he could not read and write English, except minimally at work with things such as signs. Id. at 27. Yet, he never mentioned any speaking or comprehension difficulties. His unexplained failure to do so, coupled with the clear record of Karim's more-than-adequate comprehension of spoken English, defeats Karim's motion. Cf. Esteves v. Esteves, 680 A.2d 398, 405-06 (D.C.App.1996) (determining that the plaintiff was not entitled to an interpreter, in part, because, though her English was not perfect, "it was good enough to be understood and to make herself understood, even though she claimed she could not read English very well" and "at no time did she advise the trial court that she was not an English-speaking person").

This conclusion is bolstered by the fact that the record does not demonstrate that plaintiff has ever needed an interpreter in the history of his almost five years of employment with Staples or in the course of this litigation arising out of his employment. Karim has never requested or required an interpreter to do his job at Staples. Further, he did not use an interpreter during the Maryland Commission on Human Relations investigation of his discrimination charge which preceded the filing of this case. Rather, the facts of record establish that plaintiff understood the questions posed, was able to communicate with his counsel, and that his ability to comprehend and provide testimony was in no way inhibited. Accordingly, plaintiff's request to require defendant to conduct a further deposition shall be denied.

II.

Pursuant to Fed.R.Civ.P. 56(c), summary judgment is appropriate "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Anderson v. Liberty Lobby Inc., 477 U.S. 242, 247, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A fact is material for purposes of summary judgment, if when applied to the substantive law, it affects the outcome of the litigation. Id. at 248, 106 S.Ct. 2505. Summary judgment is also appropriate when a party "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).

A party opposing a properly supported motion for summary judgment bears the burden of establishing the existence of a genuine issue of material fact. Anderson, 477 U.S. at 248-49, 106 S.Ct. 2505. "When a motion for summary judgment is made and supported as provided in [Rule 56], an adverse party may not rest upon the mere allegations or denials of the adverse party's pleading, but the adverse party's response, by affidavit or as otherwise provided in [Rule 56] must set forth specific facts showing that there is a genuine issue for trial." Fed.R.Civ.P. 56(e); see Celotex Corp., 477 U.S. at 324, 106 S.Ct. 2548; Anderson, 477 U.S. at 252, 106 S.Ct. 2505; Shealy v. Winston, 929 F.2d 1009, 1012 (4th Cir.1991). Of course, the facts, as well as justifiable inferences to be drawn therefrom, must be viewed in the light most favorable to the nonmoving party. Matushita Elec. Indust. Co v. Zenith Radio Corp., 475 U.S. 574, 587-88, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). The court, however, has an affirmative obligation to prevent factually unsupported claims and defenses from proceeding to trial. Felty v. Graves-Humphreys Co., 818 F.2d 1126, 1128 (4th Cir.1987).

III.

The following account of material facts is set forth in the light most favorable to plaintiff, the nonmovant.

BACKGROUND

Staples sells office products and related services at retail stores around the country. Its Mid-Atlantic Distribution Center is located in Hagerstown, Maryland. This facility...