Lenzo v. School City of East Chicago

• Decision Date: 16 February 2001
• Docket Number: No. 2:96-CV-488-TS.,2:96-CV-488-TS.
• Parties: Anthony S. LENZO, Plaintiff, v. SCHOOL CITY OF EAST CHICAGO, Defendant.
• Court: U.S. District Court — Northern District of Indiana

140 F.Supp.2d 947

Anthony S. LENZO, Plaintiff, v. SCHOOL CITY OF EAST CHICAGO, Defendant.

No. 2:96-CV-488-TS.

United States District Court, N.D. Indiana, Hammond Division.

February 16, 2001.

James L. Wieser, Jill S. Swope, Wieser & Sterba, Schererville, IN, for Plaintiff.

Terrance L. Smith, Smith and DeBonis, Highland, IN, for Defendant.

MEMORANDUM OF DECISION AND ORDER

SPRINGMANN, United States Magistrate Judge.

This matter is before the Court on a Motion for Summary Judgment on Liability as to Defendant School City of East Chicago, filed by the Plaintiff on January 31, 2000. [DE 35] On April 3, 2000, the Defendant filed its Response. [DE 40] On April 18, 2000, the Plaintiff filed his Reply. [DE 42] For the following reasons, the Plaintiff's Motion is GRANTED.

SUMMARY JUDGMENT STANDARD

Summary judgment is proper "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 a judgment as a matter of law." Fed. R.Civ.P. 56(c). Rule 56(c) mandates the entry of summary judgment, after adequate time for discovery, 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). "[S]ummary judgment is appropriate —in fact, is mandated—where there are no disputed issues of material fact and the movant must prevail as a matter of law. In other words, the record must reveal that no reasonable jury could find for the non-moving party." Dempsey v. Atchison, Topeka, & Santa Fe Ry. Co., 16 F.3d 832, 836 (7th Cir.1994) (citations and quotation marks omitted). Thus, a summary judgment determination is essentially an inquiry as to "whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 251-52, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

No genuine issue of material fact exists for trial where the record taken as a whole could not lead a rational trier of fact to find for the non-moving party. Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986); Juarez v. Ameritech Mobile Communications, Inc., 957 F.2d 317, 322 (7th Cir.1992). Stated positively, a genuine issue for trial only exists where there is sufficient evidence favoring the non-movant for a jury to return a verdict for that party. Anderson, 477 U.S. at 249 106 S.Ct. 2505; Unterreiner v. Volkswagen of America, Inc., 8 F.3d 1206, 1210 (7th Cir.1993). Furthermore, not every factual dispute creates a barrier to summary judgment; instead, "[o]nly disputes over facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgment. Factual disputes that are irrelevant or unnecessary will not be counted." Anderson, 477 U.S. at 248, 106 S.Ct. 2505. The inquiry involved in ruling on the motion for summary judgment implicates the substantive evidentiary standard of proof, for example, preponderance of the evidence, that would apply at trial. Id. at 252, 254, 106 S.Ct. 2505; Jean v. Dugan, 20 F.3d 255, 263 (7th Cir.1994).

A party seeking summary judgment bears the initial responsibility of informing a 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. Celotex, 477 U.S. at 323, 106 S.Ct. 2548. The moving party may discharge its "initial responsibility" by simply "`showing'—that is, pointing out to the district court—that there is an absence of evidence to support the non-moving party's case." Id. at 325, 106 S.Ct. 2548. When the non-moving party would have the burden of proof at trial, the moving party is not required to support its motion with affidavits or other similar materials negating the opponent's claim. Id. at 323, 325, 106 S.Ct. 2548; Green v. Whiteco Indus., Inc., 17 F.3d 199, 201 n. 3 (7th Cir.1994); Fitzpatrick v. Catholic Bishop of Chicago, 916 F.2d 1254, 1256 (7th Cir. 1990). However, the moving party may, if it chooses, support its motion for summary judgment with affidavits or other materials and thereby shift to the non-moving party the burden of showing that an issue of material fact exists. Kaszuk v. Bakery & Confectionery Union & Indus. Intern. Pension Fund, 791 F.2d 548, 558 (7th Cir. 1986); Bowers v. DeVito, 686 F.2d 616, 617 (7th Cir.1982); Faulkner v. Baldwin Piano & Organ Co., 561 F.2d 677, 683 (7th Cir.1977). Under Local Rule 56.1, the moving party must file with the court a "Statement of Material Facts," supported by appropriate citation to the record, as to which the moving party contends there is no genuine issue.

Once a properly supported motion for summary judgment is made, the non-moving party cannot resist the motion and withstand summary judgment by merely resting on its pleadings. F.R.C.P. 56(e); Donovan v. City of Milwaukee, 17 F.3d 944, 947 (7th Cir.1994). Federal Rule of Civil Procedure 56(e) establishes: "the adverse party's response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial." See also Anderson, 477 U.S. at 248-50, 106 S.Ct. 2505. Thus, to demonstrate a genuine issue of fact, the non-moving party must do more than raise some metaphysical doubt as to the material facts; the non-moving party must come forward with specific facts showing that there is a genuine issue for trial. Matsushita, 475 U.S. at 586, 106 S.Ct. 1348; Juarez, 957 F.2d at 322. Under Local Rule 56.1, the party opposing the motion shall file any affidavits or other documentary material controverting the movant's position, including a "Statement of Genuine Issues," supported by appropriate citation to the record, that outlines the material facts that the non-movant contends present genuine issues of fact that must be litigated. See also Waldridge v. American Hoechst Corp., 24 F.3d 918, 922 (7th Cir.1994).

In viewing the facts presented on a motion for summary judgment, a court must construe all facts in a light most favorable to the non-moving party and draw all legitimate inferences and resolve all doubts in favor of that party. NLFC, Inc. v. Devcom Mid-America, Inc., 45 F.3d 231, 234 (7th Cir.1995); Doe v. R.R. Donnelley & Sons Co., 42 F.3d 439, 443 (7th Cir.1994); Beraha v. Baxter Health Care Corp., 956 F.2d 1436, 1440 (7th Cir.1992). A court's role is not to evaluate the weight of the evidence, to judge the credibility of witnesses, or to determine the truth of the matter, but instead to determine whether there is a genuine issue of triable fact. Anderson, 477 U.S. at 249-50, 106 S.Ct. 2505; Doe, 42 F.3d at 443. Furthermore, in determining the motion for summary judgment, a court will assume that the facts as claimed and supported by admissible evidence by the moving party are admitted to exist without controversy, except to the extent that such facts are controverted in the "Statement of Genuine Issues" filed in opposition to the motion. L.R. 56.1

PROCEDURAL BACKGROUND

On September 6, 1994, the Plaintiff filed a charge with the Equal Employment Opportunity Commission (EEOC) in which he alleged that the School City of East Chicago discriminated against him with regard to its Early Retirement Incentive Plan (ERIP) in violation of the Age Discrimination in Employment Act (ADEA). On September 5, 1995, the EEOC issued its Determination, indicating that its examination of the evidence supported the Plaintiff's allegations, that the School City has maintained an ERIP with benefits based upon the age of the participant, that the amount of benefits is reduced based on the age of the retiree, and that there is reasonable cause to believe the School City's policy discriminates against employees on the basis of age. The Determination letter also indicated that the EEOC would attempt to eliminate the discriminatory policies or practices alleged and to obtain voluntary compliance with the requirements of the ADEA through informal methods of conciliation, conference, and persuasion. In a letter dated June 20, 1996, the EEOC indicated to the Plaintiff that it had found reasonable cause to believe that his charge of employment discrimination was true but that it had not entered into a conciliation agreement because attempts to achieve a voluntary settlement with the Defendant had been unsuccessful.

On September 13, 1996, the Plaintiff filed a Complaint in this Court, asserting in Count I an ADEA claim against School City of East Chicago and in Count II an ADEA claim against East Chicago Federation of Teachers Local 511, A.F.T. The Complaint alleged that the Defendants through their ERIP discriminated against the Plaintiff because of his age and that this discrimination resulted in a deprivation of financial and non-financial benefits.

On November 6, 1996, Defendant East Chicago Federation of Teachers Local 511, A.F.T. filed its Answer and asserted affirmative defenses. On November 14, 1996, Defendant School City of East Chicago filed its Answer and asserted defenses. On February 18, 1997, Defendant Local 511 East Chicago Federation filed an Amended Answer.

On January 31, 2000, Defendant East Chicago Federation of Teachers filed a Motion for Summary Judgment, arguing that the Plaintiff was seeking no relief other than money damages and that as a matter of law money damages are not available against the union. The Plaintiff did not file a response to this Motion for Summary Judgment.

On January 31, 2000, the Plaintiff filed a Motion for...