Ray v. Nationwide Mut. Ins. Co.

• Citation: 777 F.Supp.2d 1175
• Decision Date: 06 April 2011
• Docket Number: No. 4:10–cv–00549 RP–CFB.,4:10–cv–00549 RP–CFB.
• Parties: James RAY, Plaintiff,v.NATIONWIDE MUTUAL INSURANCE COMPANY, Defendant.
• Court: U.S. District Court — Southern District of Iowa

777 F.Supp.2d 1175

James RAY, Plaintiff,
v.
NATIONWIDE MUTUAL INSURANCE COMPANY, Defendant.

No. 4:10–cv–00549 RP–CFB.

United States District Court, S.D. Iowa, Central Division.

April 6, 2011.

[777 F.Supp.2d 1177]

Paige Ellen Fiedler, Whitney C. Judkins, Fiedler Law Firm PLC, Urbandale, IA, for Plaintiff.Julie Tomka Bittner, Laurie Jo Wiedenhoff, Kerrie M. Murphy, Gonzalez Saggio & Harlan LLP, West Des Moines, IA, for Defendant.

ORDER ROBERT W. PRATT, Chief Judge.

Currently before the Court is a Motion for Summary Judgment, filed by Nationwide Mutual Insurance Company (“Nationwide”) on December 15, 2010. Clerk's No. 5. Plaintiff James Ray (“Ray”) filed a response in opposition to Nationwide's motion on January 10, 2011. Clerk's No. 6. Nationwide filed a reply on January 25, 2011. Clerk's No. 17. The Court ordered supplemental briefing on this motion on February 10, 2011. Clerk's No. 23. Nationwide filed its supplemental brief on February 24, 2011. Clerk's No. 24. Ray filed a response to Nationwide's supplemental brief on March 31, 2011. Clerk's No. 28. The matter is fully submitted.¹

I. FACTUAL & PROCEDURAL BACKGROUND

Prior to June 2009, Ray worked as a Casualty Special Claims Representative II for Nationwide. Def.'s Statement of Undisputed Material Facts (hereinafter “Def.'s Facts”) ¶ 36 (Clerk's No. 6–1); see also id. ¶¶ 1–2. Nationwide terminated Ray's employment in early June 2009,² when Ray was 54 years old. See id. ¶ 2; Pl.'s Resp. to Def.'s Statement of Material Facts (hereinafter “Pl.'s Facts Resp.”) at 1.

[777 F.Supp.2d 1178]

On October 22, 2009, Ray filed a complaint with the United States Equal Employment Opportunity Commission (hereinafter the “EEOC”). Def.'s Supplemental Statement of Undisputed Material Facts (hereinafter “Def.'s Supp. Facts”) ¶ 3 (Clerk's No. 24–1). That complaint (hereinafter the “EEOC Complaint”) was dual-filed with the Missouri Commission on Human Rights (hereinafter the “MCHR”). Def.'s Facts ¶ 4; see also App. in Supp. of Def.'s Mot. for Summ. J (hereinafter “App.”) at 21 (Clerk's No. 5–3). In the EEOC Complaint, Ray alleged that Nationwide had discriminated against him because of his age in violation of the Age Discrimination in Employment Act (“ADEA”). App. at 1; Def.'s Facts ¶¶ 4, 6–7.

When Ray filed the EEOC Complaint on October 22, 2009, the EEOC gave him a questionnaire regarding his discrimination claim. See Def.'s Supp. Facts ¶ 3. That same day, EEOC representatives interviewed Ray for approximately 20–30 minutes. Pl.'s Resp. to Def.'s Supp. Facts (hereinafter “Pl.'s Supp. Facts Resp.”) at 3 (Clerk's No. 28–1); see also Def.'s Facts ¶ 10; Pl.'s Facts Resp. at 4. Nationwide received notification of the EEOC Complaint. Def.'s Supp. Facts ¶ 12. That notification indicated that “persons or organizations charged with employment discrimination may submit a statement of position or evidence regarding the issues covered by this charge.” Def.'s Second Supplemental App. in Supp. of its Mot. for Summ. J. (hereinafter “Def.'s 2d Supp.App.”) at 22 (Clerk's No. 25). Nationwide did not file any response with the EEOC. Def.'s Supp. Facts ¶ 13.

On October 27, 2009, the EEOC investigator recommended that Ray's case be closed based upon “not reasonable cause” (hereinafter the “ ‘no reasonable cause’ determination”) and issued a “Dismissal and Notice of Rights,” also known as a “right-to-sue” letter. See App. at 14, 16. The EEOC right-to-sue letter stated, among other things, that: “You may file a lawsuit against the respondent(s) under federal law based on this charge in federal or state court.” Id. (emphasis added). The letter also notified Ray that he must bring any such suit within 90 days of his receipt of the letter. See id. On November 9, 2009, the MCHR also issued Ray a right-to-sue letter. Id. at 21. The MCHR letter stated, among other things, that:

Pursuant to the Missouri Human Rights Act, your complaint was dual-filed with the [EEOC] and the [MCHR]. The MCHR has been informed that the EEOC has completed their processing of your complaint and issued a notice of your right to sue. Therefore, the MCHR is also issuing a notice of your right to sue based on the EEOC's processing.

Id. The MCHR letter also stated: “You are hereby notified of your right to sue the respondent(s) named in your complaint in state circuit court.” Id. (emphasis added). The MCHR letter also indicated that any case filed in Missouri must be filed within 90 days or the right to sue would be lost. See id. Ray did not file a claim under either the ADEA or Missouri state law within 90 days of receiving the right-to-sue letters. See Pl.'s Facts ¶¶ 20–21; Pl.'s Facts Resp. at 8.

On March 25, 2010, Ray filed a complaint with the Iowa Civil Rights Commission (hereinafter the “ICRC”). See App. at 22. In that complaint (hereinafter the “ICRC Complaint”), Ray alleged that Nationwide had discriminated against him in violation of the Iowa Civil Rights Act (“ICRA”). Id. at 22–28. Shortly thereafter, Nationwide filed a response with the ICRC, asserting, among other things, that Ray had already filed a complaint for age discrimination with the EEOC and the

[777 F.Supp.2d 1179]

MCHR and arguing that Ray was not allowed to have “a second bite at the apple” in Iowa. See Def.'s Facts ¶ 23. The ICRC screened the case and issued a “Screening Data Analysis and Case Determination.” Def.'s Supp. Facts ¶ 19 (citing App. at 298–303). The ICRC found that the case warranted “further investigation,” but did not address Nationwide's argument regarding Ray's prior complaints. See App. at 298–303. On August 4, 2010, Ray requested a right-to-sue letter from the ICRC. Def.'s 2d Supp.App. at 311. The ICRC issued the requested right-to-sue letter and closed its file. See Def.'s Facts ¶ 24; App. at 44.

In October 2010, Ray filed the instant case in Iowa state court, alleging that Nationwide discriminated against him in violation of the ICRA. Def.'s Facts ¶ 25; Clerk's No. 1–1. On November 24, 2010, Nationwide removed the case to this Court on the basis of diversity jurisdiction. Clerk's No. 1 ¶ 3.

II. SUMMARY JUDGMENT STANDARD

The term “summary judgment” is something of a misnomer.³ See Hornby, D. Brock, Summary Judgment Without Illusions, 13 Green Bag 2d 273 (Spring 2010). It “suggests a judicial process that is simple, abbreviated, and inexpensive,” while in reality, the process is complicated, time-consuming, and expensive. Id. at 273, 281. The complexity of the process, however, reflects the “complexity of law and life.” Id. at 281. “Since the constitutional right to jury trial is at stake,” judges must engage in a “paper-intensive and often tedious” process to “assiduously avoid deciding disputed facts or inferences” in a quest to determine whether a record contains genuine factual disputes that necessitate a trial. Id. at 281–82. Despite the seeming inaptness of the name, and the desire for some in the plaintiffs' bar to be rid of it, the summary judgment process is well-accepted and appears “here to stay.” ⁴ Id. at 281. Indeed, “judges are duty-bound to resolve legal disputes, no matter how close the call.” Id. at 287.

Under Federal Rule of Civil Procedure 56(a), “[a] party may move for summary judgment, identifying each claim or defense—or the part of each claim or defense—on which summary judgment is sought.” ⁵ “[S]ummary judgment is an extreme

[777 F.Supp.2d 1180]

remedy, and one which is not to be granted unless the movant has established his right to a judgment with such clarity as to leave no room for controversy and that the other party is not entitled to recover under any discernible circumstances.” Robert Johnson Grain Co. v. Chem. Interchange Co., 541 F.2d 207, 209 (8th Cir.1976) (citing Windsor v. Bethesda Gen. Hosp., 523 F.2d 891, 893 n. 5 (8th Cir.1975)). The purpose of summary judgment is not “to cut litigants off from their right of trial by jury if they really have issues to try.” Poller v. Columbia Broad. Sys., Inc., 368 U.S. 464, 467, 82 S.Ct. 486, 7 L.Ed.2d 458 (1962) (quoting Sartor v. Ark. Natural Gas Corp., 321 U.S. 620, 627, 64 S.Ct. 724, 88 L.Ed. 967 (1944)). Rather, it is designed to avoid “useless, expensive and time-consuming trials where there is actually no genuine, factual issue remaining to be tried.” Anderson v. Viking Pump Div., Houdaille Indus., Inc., 545 F.2d 1127, 1129 (8th Cir.1976) (citing Lyons v. Bd. of Educ., 523 F.2d 340, 347 (8th Cir.1975)). “The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). Summary judgment can be entered against a party if that party fails to make a showing sufficient to establish the existence of an element essential to its case, and on which that party will bear the burden of proof at trial. See Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). Summary judgment is appropriately granted when the record, viewed in the light most favorable to the nonmoving party and giving that party the benefit of all reasonable inferences, shows that there is no genuine issue of material fact, and that the moving party is therefore entitled to judgment as a matter of law. Harlston v. McDonnell Douglas Corp., 37 F.3d 379, 382 (8th Cir.1994). The Court does not weigh the evidence, nor does it make credibility determinations. The Court only determines whether there are any disputed issues and, if so, whether those issues are both genuine and material. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Wilson v. Myers, 823 F.2d 253, 256 (8th Cir.1987) (“Summary judgment is not designed to weed out dubious claims, but to eliminate those claims with no basis in material fact.”) (citing Weight Watchers of Quebec, Ltd. v. Weight Watchers Int'l, Inc., 398 F.Supp. 1047, 1055 (E.D.N.Y.1975)).

In a summary judgment motion, the moving party bears the initial burden of...