Silva v. Peninsula Hotel

• Decision Date: 13 September 2007
• Docket Number: No. 05 Civ. 08261(RJH)(TJK).,05 Civ. 08261(RJH)(TJK).
• Citation: 509 F.Supp.2d 364
• Parties: Hector SILVA, Plaintiff, v. PENINSULA HOTEL and I.U.O.E. Local 94B, Defendants.
• Court: U.S. District Court — Southern District of New York

Page 364

509 F.Supp.2d 364

Hector SILVA, Plaintiff, v. PENINSULA HOTEL and I.U.O.E. Local 94B, Defendants.

No. 05 Civ. 08261(RJH)(TJK).

United States District Court, S.D. New York.

September 13, 2007.

Hector Silva, Jersey City, NJ, pro se.

Lois M. Traub, Kane Kessler, P.C., Joseph Fredrick Farelli, Pryor Cashman LLP, Michael James D'Angelo, Pitta & Dreier LLP, New York, NY, Joseph James Lynett, Jackson Lewis LLP, White Plains, NY, for Defendants.

MEMORANDUM OPINION AND ORDER

RICHARD J. HOLWELL, District Judge.

Plaintiff Hector Silva, proceeding pro se, brings suit against the Peninsula New York Hotel (the "Hotel") and the International Union of Operating Engineers, Local 94-94A-94B (the "Union"). Silva, a Hispanic male and former Hotel employee, brings three sets of claims against the Hotel under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq. ("Title VII"). Silva alleges that the Hotel failed to train and promote him, that the Hotel discriminated against him in its allocation of overtime, and that the Hotel suspended, and eventually terminated, his employment in retaliation for his claims of discrimination. Silva's amended complaint alleges that the Union discriminated against him on account of his race in violation of Title VII. Silva also accused the Union of "non-representation," which has been interpreted as a claim that the Union breached its duty of fair representation in connection with Silva's grievances against the Hotel.

Defendants each moved for, summary judgment on all of Silva's claims in his Amended Complaint. On May 18, 2007, Magistrate Judge Theodore Katz issued a Report and Recommendation (the "Report") recommending that defendants' motions for summary judgment be granted, and that all of Silva's claims against defendants be dismissed. Silva filed timely objections to the Report ("Objections"); the Court has received no objections from defendants. For the reasons set forth below, the Court grants defendants' Motions for summary judgment and adopts the Report in its entirety.

DISCUSSION

The facts underlying Silva's claims are extensively outlined in the Report, familiarity with which is assumed, and which is attached to this Opinion for ease of reference.

I. Standard of Review

The district court adopts a magistrate judge's report and recommendation when no clear error appears on the face of the record. See Nelson v. Smith, 618 F.Supp. 1186, 1189 (S.D.N.Y.1985). However, the court is required to make a de novo determination of those portions of a report to which objection is made, 28 U.S.C. § 636(b)(1)(C), by reviewing "the Report, the record, applicable legal authorities, along with Plaintiff's and Defendant's objections and replies." Bandhan v. Lab Corp. of Am., 234 F.Supp.2d 313, 316 (S.D.N.Y.2002). The court may then accept, reject, or modify in whole or in part recommendations of the Magistrate Judge. See Nelson, 618 F.Supp. at 1189. If, however, the party "makes only conclusory or general objections, or simply reiterates his original arguments, the Court reviews the Report and Recommendation only for clear error." Sanchez v. Dankert, No. 03 Civ. 2276(LTS), 2004 WL 439502, at *1, 2004 U.S. Dist. LEXIS 3716 (S.D.N.Y. Mar.9, 2004); accord Johnson v. City Univ. of New York, No. 00 CV 4964(WK), 2003 WL 21435469, at *1, 2003 U.S. Dist. LEXIS 10615 (S.D.N.Y. June 19, 2003); Greene v. WCI Holdings Corp., 956 F.Supp. 509, 513 (S.D.N.Y.1997). "If no objections are filed, or where objections are merely perfunctory responses, argued in an attempt to engage the district court in a rehashing of the same arguments set forth in the original petition, reviewing courts should review a report and recommendation for clear error." Edwards v. Fischer, 414 F.Supp.2d 342, 346-47 (S.D.N.Y.2006) (internal quotation marks and citations omitted).

II. Silva's Objections

For the most part, Silva's objections consist simply of a restatement of his bare claims of discrimination. However, Silva's response appears to raise two specific objections to Judge Katz's Report.¹ Silva first claims that he was not properly notified of the import of the motions for summary judgment as required by Local Civil Rule 56.2. (Objections 3.)

Second, Silva objects to the Report's characterization of the facts underlying his failure to train and promote claim, and seeks additional time to obtain documents relating to grievances filed by the Union against the Hotel in 1995 and 1996 whose resolution Silva claims should have governed promotions to the position of Electronic Low Voltage Engineer. (Objections 4.)

Silva's first objection that he was not given proper notice as a pro se litigant under Local Civil Rule 56.2 is without merit. Such notice² was served on Mr. Silva on September 14, 2006 by Federal Express Mail and U.S. Postal Service Mail. (Def. Hotel Mot. for Summ. J. 3.)

Silva's second objection is merely a repetition of arguments explicitly rejected by Judge Katz in his thorough and well-reasoned Report. Specifically, Silva's claim that he was qualified for the ELV position was considered by Judge Katz but rejected as time-barred and unsupported by specific admissible evidence. (Report 5, 21-23, 30-33.) Additionally, Silva's request for additional time to obtain documents relating to Union grievances against the Hotel from 1995 and 1996 is repetitive of earlier requests for additional discovery rejected by Judge Katz. (See Endorsed Letter (Sept. 5, 2006) [22]; Endorsed Letter (Sept. 22, 2006) [30].) Moreover, the Court notes that the cited Union grievances were specifically settled by a 1997 Agreement signed by plaintiff. (Report 5; Voluntary Settlement Agreement, dated Apr. 3, 1997, Def. Hotel Mot. for Summ. J., Clarke Aff., Ex. L.)

As plaintiff's objections "engage the district court in a rehashing of the same arguments" already made to, and addressed by, Judge Katz, the appropriate standard of review for the Report is clear error. Edwards, 414 F.Supp.2d at 346-47. In its review, the Court found no clear error on the face of the record.

CONCLUSION

Having concluded that no error appears on the face of the record, the Court hereby adopts the Report in its entirety, and grants defendants' motions for summary judgment [24], [26]. The Clerk shall close this case.

SO ORDERED.

REPORT AND RECOMMENDATION

THEODORE H. KATZ, United States Magistrate Judge.

TO: HON. RICHARD J. HOLWELL, United States District Judge.

FROM: THEODORE H. KATZ, United States Magistrate Judge.

Plaintiff Hector Silva, proceeding pro se, brings this action against his former employer, the Peninsula New York Hotel (the "Hotel"), and his former union, the International Union of Operating Engineers, Local 94-94A-94B ("Local 94" or "the Union"). Plaintiff, a Hispanic male and former Maintenance Mechanic at the Hotel, asserts several claims against the Hotel under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq. ("Title VII"). Plaintiff claims that: (1) the Hotel failed to train Maintenance Mechanics for, and promote Maintenance Mechanics to, positions in the Hotel's Electronic Low Voltage ("ELV") Department; (2) the Hotel discriminated against him in the assignment of Special Project overtime; and (3) the Hotel suspended, and eventually terminated, his employment in retaliation for his filing charges of discrimination with the Equal Employment Opportunity Commission ("EEOC") and the New York State Division of Human Rights ("NYSDHR"). As against Local 94, Plaintiff claims that the Union discriminated against him based upon his race in violation of Title VII. Plaintiff also makes an apparent claim against Local 94 for breach of the duty of fair representation.

This proceeding was referred to this Court for general pretrial supervision and Reports and Recommendations on dispositive motions. Presently before the Court are Defendants' motions for summary judgment, pursuant to Rule 56 of the Federal Rules of Civil Procedure. For the reasons that follow, this Court recommends that the motions be granted and that Plaintiff's claims be dismissed with prejudice.

BACKGROUND¹

I. The Parties

A. Plaintiff

Plaintiff was employed by the Hotel in December 1987 as a Maintenance Mechanic.² (See Affidavit of Fanchea Clarke, dated Sept. 14, 2006 ("Clarke Aff."), ¶ 12; D1. 13, 15.)³ Prior to his employment at the Hotel, Plaintiff had completed two years of high school and had worked as a laundry presser. (D1. 18-19.) Plaintiff also had attended six-month training programs at the Berk School of Plumbing and the Turner School of Air Conditioning. (See Clarke Aff. ¶ 13; Employment Application for Hector Silva, dated Nov. 23, 1987 ("Silva App."), attached as Ex. I to Clarke Aff.; D1. 21-23.) Plaintiff has no engineering degrees and no training, licenses, or education in computer operations and programming, sound systems, or electronics. (See Clarke Aff. ¶ 13; D1. 25, 27.)

B. The Union

Local 94 is a "labor organization" as defined in Section 2(5) of the Labor-Management Relations Act, 29 U.S.C. § 152(5). (See Union's Local 56.1 Statement of Undisputed Facts, dated Sept. 15, 2006 ("Union 56.1 Stmt."), ¶ 2.) Local 94 represents employees performing engineering and mechanic functions in commercial and residential buildings in the New York metropolitan area. (See id.; Declaration of Michael Gadaleta, dated Aug. 10, 2006 ("Gadaleta Decl."), attached as Ex. 7 to D'Angelo Decl., ¶ 6) Local 94 is a constituent local union of the New York Hotel and Motel Trades Council, AFL-CIO ("HTC"). (See Union 56.1 Stmt. ¶ 3; Gadaleta Decl. ¶ 6.)

C. The Hotel

The Hotel is a luxury full service hotel located on 55th Street and Fifth Avenue in New York City. It is a member of the Hotel Association of New York City, Inc., an association representing over 200 hotels in the New York metropolitan area. (See Clarke Aff. ¶ 10.) As a member of the Association, the Hotel is bound by a collective bargaining agreement ("CBA")...