Ruffin v. Gen. Motors Acceptance Corp.

• Decision Date: 29 April 2011
• Docket Number: 2090814
• Parties: Hilda Ruffin v. General Motors Acceptance Corporation
• Court: Alabama Court of Civil Appeals

Hilda Ruffin v. General Motors Acceptance Corporation

2090814

ALABAMA COURT OF CIVIL APPEALS

OCTOBER TERM, 2010-2011

Dated: April 29, 2011

Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 2290649), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter.

Appeal from Lowndes Circuit Court

(CV-02-164.80)

PER CURIAM.

Hilda Ruffin, one of the plaintiffs below, appeals from a summary judgment in favor of General Motors Acceptance Corporation {"GMAC"), the defendant below. We affirm in part, reverse in part, and remand.

Factual Background

Ruffin, who is African-American, began working for GMAC as a level-2 credit clerk in GMAC's Gadsden office in 1985. In 1986, she was promoted to a level-3 credit clerk. In 1987, she was promoted to a level-4 customer-service representative. In 1994, she moved to GMAC's Birmingham office. In 1996, she became a level-4 credit administrator in GMAC's Birmingham office. In 1999, GMAC awarded two level-5 positions in its Birmingham office ("the 1999 level-5 promotions") to two Caucasian employees, Christa Williamson and Kelly Hopkins.

In 2001, GMAC announced that it was closing its Birmingham office as part of a reorganization, and Ruffin was offered a position in GMAC's Atlanta office, which she accepted. Ruffin was then "banded" as a level-5 employee in June 2001.¹ Also in 2001, Ruffin applied for a level-6 position in the Atlanta office, which would have constituted a promotion for her if it had been awarded to her ("the 2001 level-6 promotion"); however, that position was awarded toDonna Verling, a Caucasian employee, in August 2001.

On August 24, 2001, Ruffin filed with the Equal Employment Opportunity Commission ("the EEOC") a charge claiming that GMAC had discriminated against her on the basis of her race.² The EEOC investigated her charge and issued a right-to-sue letter on September 18, 2002.

Procedural History

On December 16, 2002, Ruffin and five other African-American employees of GMAC ("the other five plaintiffs") sued GMAC in the Lowndes Circuit Court.³ Ruffin claimed that GMAC had violated Title VII of the Civil Rights Act of 1964, 42U.S.C. § 2000e et seq., ⁴ and 42 U.S.C. § 1981⁵ by discriminating against her on the basis of her race with respect to job-performance evaluations, promotions, and pay. Ruffin alleged that GMAC had discriminated against her with respect to job-performance evaluations by rating her below theactual rating she deserved based on her job performance, which adversely affected her ability to receive promotions. She alleged that GMAC had discriminated against her with respect to promotions by awarding to less qualified Caucasian employees promotions for which Ruffin was qualified. She alleged that GMAC had discriminated against her with respect to pay by paying her less than Caucasian employees who were performing the same job at the same grade level.

In January 20 03, GMAC removed the action to the United States District Court for the Middle District of Alabama. In February 20 03, that court remanded the action to the Lowndes Circuit Court.

On March 5, 2003, GMAC moved to dismiss the action or, in the alternative, to transfer the action to a different venue. Specifically, GMAC asserted that venue was not proper in the Lowndes Circuit Court under § 6-3-7(a), Ala. Code 1975, ⁶ and, therefore, that the action should be dismissed pursuant to § 6-5-430, Ala. Code 1975, ⁷ or, in the alternative, should betransferred to the Jefferson Circuit Court pursuant to § 6-3-21.1(a), Ala. Code 1975.⁸ On October 20, 2003, the trial court denied GMAC's March 5, 2003, motion to dismiss or, in the alternative, to transfer.

On August 20, 2004, GMAC again moved to dismiss the action or, in the alternative, to transfer it; however, the trial court denied that motion on December 29, 2004.

On January 27, 2005, GMAC petitioned the Alabama SupremeCourt for a writ of mandamus directing the Lowndes Circuit Court to grant GMAC's motion to dismiss the action or, in the alternative, to transfer it. The supreme court denied the petition without an opinion on July 8, 2005.

On February 20, 2007, GMAC moved the trial court for a summary judgment with respect to the claims of Ruffin and the other five plaintiffs. With respect to Ruffin's claims, GMAC asserted that it was entitled to a summary judgment because, it said, (1) Ruffin's § 1981 claims based on job-performance evaluations, promotions, and pay were time-barred by the two-year Alabama statute of limitations, which, GMAC said, applied to Ruffin's § 1981 claims; (2) Ruffin's Title VII claim based on the 1999 level-5 promotions was time-barred because, GMAC said, she had not filed her EEOC charge within 180 days after the 1999 level-5 promotions were awarded; (3) Ruffin's Title VII and § 1981 claims based on the 2001 level-6 promotion had no merit because, GMAC said, she could neither prove that she was qualified for a level-6 promotion when the 2001 level-6 promotion was awarded to Verling nor prove that the legitimate, nondiscriminatory reason offered by GMAC for promoting Verling was a pretext; (4) Ruffin's Title VII and §1981 claims based on job-performance evaluations and pay had no merit because, GMAC said, she could not prove that similarly situated non-African-American employees received more favorable job-performance evaluations or higher pay; (5) Ruffin's Title VII claim based on pay was time-barred insofar as it was based on pay she received more than 180 days before she filed her EEOC charge; (6) Ruffin's Title VII claim based on pay was procedurally barred insofar as it was based on pay she received after the EEOC issued the right-to-sue letter; and (7) Ruffin could not prevail on any of her claims because, GMAC said, she could not prove that GMAC purposefully and intentionally discriminated against her because she is an African-American. In support of its summary-judgment motion, GMAC submitted, among other things, an affidavit signed by Phillip Wilson ("the Wilson affidavit"), a retired employee of GMAC who had served as Human Resources Manager for GMAC's Southeast Region from 2001 through February 1, 2005, and an affidavit signed by Ashley Cink ("the Cink affidavit"), a GMAC employee who had served as Human Resources Manager for GMAC's Eastern Region, which included GMAC's Southeast Region, from May 2004 through July 2005.

On June 6, 2007, Ruffin and the other five plaintiffs filed their response in opposition to GMAC's summary-judgment motion. On November 1, 2007, Ruffin and the other five plaintiffs moved the trial court to strike the Wilson affidavit and the Cink affidavit.

On December 27, 2007, GMAC filed responses to Ruffin and the other five plaintiffs' motions to strike the Wilson affidavit and the Cink affidavit. On March 31, 2008, Ruffin and the other five plaintiffs filed replies to GMAC's responses to Ruffin and the other five plaintiffs' motions to strike the Wilson affidavit and the Cink affidavit. On May 6, 2008, Ruffin and the other five plaintiffs supplemented their motion to strike the Cink affidavit. On July 7, 2008, Ruffin and the other five plaintiffs supplemented their motion to strike the Cink affidavit a second time. On September 5, 2008, GMAC responded to the supplements to the motion to strike the Cink affidavit.

After taking the deposition of the expert witness proffered by Ruffin and the other five plaintiffs, GMAC, on May 6, 2009, supplemented its summary-judgment motion to address the testimony of that expert witness.

Following a hearing, the trial court, on September 21, 2009, entered an order ("the September 21 order") granting GMAC's summary-judgment motion with respect to Ruffin's claims but denying it with respect to the claims of the other five plaintiffs. The trial court did not expressly rule on the motions to strike the Wilson affidavit and the Cink affidavit. Moreover, the trial court did not direct that the September 21 order be entered as a final judgment pursuant to Rule 54(b), Ala. R. Civ. P. Subsequently, the other five plaintiffs stipulated to the dismissal of their claims with prejudice, and, on December 15, 2009, the trial court entered an order ("the December 15 order") dismissing the claims of the other five plaintiffs with prejudice.

On January 8, 2010, Ruffin filed a Rule 59(e), Ala. R. Civ. P., post judgment motion challenging the propriety of the trial court's summary judgment as to her claims. The trial court did not rule on Ruffin's Rule 59(e) postjudgment motion within 90 days after it was filed; consequently, it was denied by operation of law pursuant to Rule 59.1, Ala. R. Civ. P., on April 8, 2010. On May 18, 2010, Ruffin filed a notice of appeal to the supreme court. The supreme court transferred theappeal to this court pursuant to § 12-2-7(6), Ala. Code 1975. Jurisdictional Challenge

As a threshold matter, GMAC asserts that this court lacks jurisdiction over Ruffin's appeal because, GMAC says, Ruffin did not timely file her notice of appeal. GMAC first argues that Ruffin did not timely file her notice of appeal because, GMAC says, she did not file it within 42 days after the entry of the September 21 order granting GMAC's summary-judgment motion with respect to Ruffin's claims. However,

" [a]n appeal ordinarily lies only from the entry of a final judgment. Ala. Code 1975, § 12-22-2; Bean v. Craig, 557 So. 2d 1249, 1253 (Ala. 1990). A judgment is generally not final unless all claims, or the rights or liabilities of all parties, have been decided. Ex parte Harris, 506 So. 2d 1003, 1004 (Ala. Civ. App. 1987). The only exception to this rule of finality is when the trial court directs the entry of a final judgment pursuant to Rule 54(b), Ala. R. Civ. P. Bean, 557 So. 2d at 1253."

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