Mejias Miranda v. Bbii Acquisition Corp., No. CIV. 98-1107.

• Citation: 120 F.Supp.2d 157
• Decision Date: 16 October 2000
• Docket Number: No. CIV. 98-1107.
• Parties: Mayra MEJIAS MIRANDA, et al., Plaintiffs, v. BBII ACQUISITION CORP., et al., Defendants
• Court: U.S. District Court — District of Puerto Rico

120 F.Supp.2d 157

Mayra MEJIAS MIRANDA, et al., Plaintiffs, v. BBII ACQUISITION CORP., et al., Defendants

No. CIV. 98-1107.

United States District Court, D. Puerto Rico.

October 16, 2000.

COPYRIGHT MATERIAL OMITTED

Pedro J. Manzano-Yates, Fiddler, Gonzalez & Rodriguez, San Juan, PR, for defendants.

Mayra Mejias-Miranda, Mayaguez, PR, pro se.

Luis E. Pabon-Roca, Faccio & Pabon Roca, San Juan, PR, pro se.

Clarisa Sola-Gomez, San Juan, PR, pro se.

OPINION AND ORDER

DOMINGUEZ, District Judge.

Pending before the Court are Defendants Motion for Summary Judgment and Motion to Strike. (Docket Nos. 17 and 23). On April 25, 2000, Defendants filed a Motion for Summary Judgment and a Brief in Support of Defendants' Motion for Summary Judgment. (Docket No. 17). Plaintiffs opposed said motion on April 25, 2000. (Docket No. 28). On March 15, 2000. Defendants filed a Motion to Strike. (Docket No. 23). Plaintiffs opposed the Motion to Strike by filing Plaintiffs' Response to Defendants' Motion to Strike and Reply Brief. (Docket No. 30).

For the following reasons, Defendants' Motion for Summary Judgment is DENIED IN PART and GRANTED IN PART. The Motion to Strike is also disposed of in this opinion and order.¹

I. BACKGROUND

On February 6, 1998, Plaintiffs, Mayra Mejias Miranda ("Mejias") and her husband Luis Enrique Mañan Martinez filed the instant complaint against Mejias' employer, Bumble Bee International Inc. ("BBII"), two of its officers, Jose A. Toro ("Toro"), personally and on behalf of the conjugal partnership composed of Elba Ruiz and David Ramos ("Ramos"), personally and on behalf of the conjugal partnership composed of Iraida Granell. (Docket No. 1). The complaint prays for judicial redress "in the form of reinstatement, back/front pay, compensatory and punitive damages, costs and attorneys fees for reason of sex, pregnancy, and medical leave use discrimination under state and federal law." (Docket No. 1).

The following are the relevant facts derived from the complaint and the parties' pleadings examined in the light most favorable to the nonmoving party: Plaintiff, Mayra Mejias Miranda ("Mejias"), was an employee of Defendant Bumble Bee International Inc. ("BBII"). (Docket No. 1). Plaintiff commenced work with BBII approximately on August 29, 1988, as an accountant in the Accounting Department of the corporation. (Docket No. 1). During the year 1995 Plaintiff was promoted to the position of General Accountant Supervisor until her termination. (Docket No. 1). Plaintiff's job performance evaluations described Plaintiff as performing satisfactorily and superiorly. In addition, during the course of her job performance for BBII Plaintiff had never been reprimanded or disciplined. (Docket No. 1). On October 14, 1992, Emigdio Delestre was hired by BBII as an accountant and became Plaintiff's supervisor. (Docket No. 17; Exh. 10, p. 6). As Accounting Manager for BBII, Emigdio Delestre supervised the Accounting Department and was supervised by Ramos. (Docket No. 17; Exh. 10, p. 24).

BBII filed for protection under Chapter II of the Bankruptcy Code on May 2, 1997. (Docket No. 17; Exh. 1, p. 27-28). International Home Foods d/b/a Bumble Bee Acquisitions Corp. acquired BBII while under the protection of Chapter 11. (Docket No. 17; Exh. 1 p. 27-28). Co-defendant Toro, suspecting that BBII's new management would reduce the workforce, as it had in the United States, prepared a list of positions he thought could be terminated from BBII. (Docket No. 17; Exh. 11, p. 15-18). Plaintiff's position was not included in that list. (Docket No. 17; Exh. 11 p. 15-18). On July 21, 1997, Evan Metropolous, an International Home Products officer visited the plant and ordered the elimination of five positions. (Docket No. 17; Exh. 11, p. 12). Co-defendant Toro's original list only contained two positions to be potentially eliminated from the Accounting Department. (Docket No. 17; Exh. 11, p. 18). Therefore, Toro informed Ramos that he had to recommend three additional positions to be eliminated. (Docket No. 17; Exh. 11, p. 18-19). Co-defendant Ramos recommended that the position of Accounting General, Buyer, two hourly positions and General Accounting Supervisor (Plaintiff) could be eliminated. (Docket No. 17; Exh. 11, p. 15).

On May 1997, Plaintiff became pregnant after a fertility treatment undergone by the married couple. (Docket No. 1). Said fertility treatment was successful and Plaintiff became pregnant with twins. (Docket No. 1). On July 29, 1997, Plaintiff suffered an episode of vaginal bleeding while at work. (Docket No. 1). After being examined by her physician in the Emergency Room of the Bella Vista Hospital in Mayaguez, Plaintiff was ordered to rest until August 6, 1997. (Docket No. 1). Consequently, Plaintiff's husband delivered a rest certificate to BBII. (Docket No. 1). On August 6, 1998, Plaintiff underwent a second physician's evaluation which resulted in the extension of her resting period until Monday, August 10, 1997. (Docket No. 1). Plaintiff then, telephoned Comptroller Ramos to inform him that her physician had extended her rest until August 10, 1997. Plaintiffs allege that about a half-an-hour later, Co-defendant Toro communicated via telephone conversation that as a result of BBII's downsizing, Plaintiff's position had been terminated. (Docket No. 1). It is alleged that Co-defendant Ramos participated in said conversation. (Docket No. 1).

That same day, Ramos spoke with Plaintiff and informed her that she was entitled to severance pay, but that BBII would provide payment only if she signed a release form. (Docket No. 1). On August 7, 1997, BBII sent a messenger to Plaintiff's home to deliver a release form for Plaintiff to sign.² (Docket No. 1). To this day, Plaintiff has not signed the release. (Docket No. 1). Plaintiff alleges that the reason given by BBII for her termination is a pretext to discriminate against her because of her sex, pregnancy and/or her utilization of medical leave. (Docket No. 1). In addition, Plaintiffs claim that Plaintiff's termination from her employment is in violation of federal and state laws and was executed without just cause. (Docket No. 1).

II. STANDARD OF REVIEW FOR SUMMARY JUDGMENT

The function of summary judgment is "to pierce the boilerplate of the pleadings and examine the parties' proof to determine whether a trial is actually necessary." Vega-Rodriguez v. Puerto Rico Telephone Co., 110 F.3d 174, 178 (1st Cir.1997). Accordingly, federal courts will grant summary judgment where "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." FED. R. CIV. P. 56(c).

To defeat a motion for summary judgment the resisting party will have to show the existence of "a trial worthy issue as to some material facts." Cortes-Irizarry v. Corporacion Insular, 111 F.3d 184, 187 (1st Cir.1997). A fact is deemed "material" if the same "potentially affect[s] the suit's determination." Garside v. Osco Drug Inc., 895 F.2d 46, 48 (1st Cir.1990). "An issue concerning such a fact is `genuine' if a reasonable factfinder, examining the evidence and drawing all reasonable inferences helpful to the party resisting summary judgment, could resolve the dispute in that party's favor." Cortes-Irizarry, 111 F.3d at 187. Nonetheless, "speculation and surmise, even when coupled with effervescent optimism that something definite will materialize further down the line, are impuissant on the face of a properly documented summary judgment motion." Ayala-Gerena v. Bristol Myers-Squibb Co., 95 F.3d 86, 95 (1st Cir.1996) (citations omitted)

The movant for summary judgment, of course, must not only show that there is "no genuine issue of material facts," but also, that he is "entitled to judgment as a matter of law." Vega-Rodriguez, 110 F.3d at 178. Further, the court is required to examine the record "drawing all reasonable inferences helpful to the party resisting summary judgment." Cortes-Irizarry, 111 F.3d at 187. There is "no room for credibility determinations, no room for the measured weighing of conflicting evidence such as the trial process entails, no room for the judge to superimpose his own ideas of probability and likelihood ..." Greenburg v. Puerto Rico Maritime Shipping Auth., 835 F.2d 932, 936 (1st Cir.1987). The facts must be examined under the above criteria because on a potential appeal the appellate court examines "the undisputed facts in the light most congenial to the appellants and adopts their version of any contested facts which are material to our consideration of the issues." Vega-Rodriguez v. Puerto Rico Tel. Co., 110 F.3d 174, 178 (1st Cir.1997).

Moreover, the test for summary judgment is applied with the highest rigor when a disputed issue turns on a question of motive and intent. "Summary judgment procedures should be used sparingly ... where the issues of motive and intent play leading roles ... It is only when the witnesses are present and subject to cross-examination that their credibility and the weight to be given their testimony can be appraised. Trial by affidavit is no substitute for trial by jury which so long has been the hallmark of `even handed justice.'" Poller v. Columbia Broad. Sys., 368 U.S. 464, 470, 473, 82 S.Ct. 486, 491, 7 L.Ed.2d 458 (1962); cf. Pullman-Standard v. Swint, 456 U.S. 273, 288-90, 102 S.Ct. 1781, 1790-1791, 72 L.Ed.2d 66 (1982) (discriminatory intent is a factual matter for the trier of fact); see also William Coll v. PB Diagnostic Sys., Inc., 50 F.3d 1115, 1121 (1st Cir.1995); Oliver v. Digital Equip. Corp., 846 F.2d 103, 107 (1st Cir. 1988); Lipsett v. University of P.R., 864 F.2d at 895. "Under such circumstances, jury judgments about credibility are typically thought to be of special importance." Stepanischen v. Merchants Despatch Transp. Corp., 722 F.2d...