Sonnier v. Computer Programs & Systems, Inc.

• Decision Date: 21 May 2001
• Docket Number: No. 00CV505.,00CV505.
• Citation: 168 F.Supp.2d 1322
• Court: U.S. District Court — Southern District of Alabama
• Parties: Raymond Maurice SONNIER III, Plaintiff, v. COMPUTER PROGRAMS & SYSTEMS, INC., Defendant.

168 F.Supp.2d 1322

Raymond Maurice SONNIER III, Plaintiff, v. COMPUTER PROGRAMS & SYSTEMS, INC., Defendant.

No. 00CV505.

United States District Court, S.D. Alabama. Southern Division.

May 21, 2001.

Order Denying Motion to Amend, June 15, 2001.

Sarah H. Stewart, The Stewart Firm, P.C., Mobile, AL, for Plaintiff.

W. Austin Mulherin, III, Frazer, Green, Upchurch & Baker, LLC, Mobile, AL, for Defendant.

MEMORANDUM OPINION AND ORDER

LEE, United States Magistrate Judge.

This matter was referred pursuant to 28 U.S.C. § 636(c) to the undersigned with the written consent of the parties to conduct all proceedings including trial and entry of judgment. This cause is now before the Court on the defendant's motion for summary judgment and supporting memorandum of law (Docs. 11, 12, and 13), plaintiff's responses thereto (Docs. 15 and 19), and the defendant's reply to plaintiff's response (Doc. 20). Also received are defendant's supplemental motion for summary judgment and supporting brief, defendant's supplemental suggested determinations of undisputed fact and conclusions of law, plaintiff's second supplemental opposition to summary judgment, and defendant's reply thereto. (Docs. 23-27.) The undersigned has determined that a hearing is not necessary. Upon consideration of all matters presented, and for the reasons stated herein, the defendant's motion for summary judgment is GRANTED as to all claims.

I. BACKGROUND

Plaintiff contends that he has been discriminated against based on his age and disability/perceived disability. Specifically, plaintiff claims that he was denied promotions, was transferred and ultimately terminated because of his age and/or disability. The defendant has moved for summary judgment arguing that plaintiff's termination was based not on any discriminatory reason, but on plaintiff's threat to blow up the defendant's place of business. Moreover, the defendant denies that plaintiff's transfer was an adverse employment action and states that plaintiff's claim of discriminatory failure to promote is untimely. The plaintiff has responded that the defendant's proffered reason for termination is pretextual and that his transfer was adverse. The plaintiff further argues that his claim of discriminatory failure to promote is timely because the failure to promote, coupled with the alleged discriminatory transfer and termination, constitute a continuing violation.

A. Facts¹

Defendant Computer Programs and Systems, Incorporated ("CPSI") sells integrated information systems to hospitals. On July 8, 1996, CPSI hired plaintiff as a conversion coordinator. As a conversion coordinator, plaintiff was responsible for managing and overseeing the conversion of data from a client hospital's old system to the CPSI System 2000.

On March 24, 1997, plaintiff was placed on indefinite probation following allegations of inappropriate touching of female employees. (Doc. 12, Exhibit 1, Exhibit A, Exhibit B.) Although plaintiff signed the "employee statement" generally agreeing with the allegations and acknowledging his probationary status, plaintiff now disputes the issue. (Doc. 19, Exhibit 1, at 3.) While working as a conversion coordinator, plaintiff trained "other members of the conversion team", including Wendy Thornton and Michael Steele. According to the plaintiff, Ms. Thornton and Mr. Steele were promoted over plaintiff in late 1998 as team leaders; the promotions outraged plaintiff and he complained to his manager that he had been overlooked for a promotion. (Doc. 15, plaintiff's affidavit, at 1.)

On January 20, 1999, plaintiff suffered a stroke. He took a medical leave of absence through May 16, 1999. Prior to his return to CPSI, plaintiff met with Mellissa Hammons, vice president of financial software services, who oversaw the management of several departments including the conversion and electronic billing departments. Hammons and the plaintiff discussed plaintiff's job placement upon his return to CPSI, and the decision was made that plaintiff would return to work as an electronic media technician.²

In June of 1999, an incident allegedly occurred involving plaintiff and two other employees, Barbara McIlwain and Karen Waggoner. McIlwain and Waggoner aver that the plaintiff became enraged at them, screaming, trembling and turning red while talking of "meddling" into plaintiff's business or making plaintiff look bad. (Doc. 12, Exhibits 3 and 4.) Plaintiff denies raising his voice at either co-worker. (Doc. 19, Exhibit 1, at 2.) Spencer Williams, supervisor of the electronic billing department, reported the alleged incidents to Mellissa Hammons. Hammons states that she did not document the allegations because of plaintiff's probationary status, but rather advised Williams to speak to plaintiff and assure him that CPSI valued his work and no one was trying to make plaintiff "look bad". (Doc. 12, Exhibit 1.)

On June 23, 1999, Wade Stringer and plaintiff engaged in a conversation. Expressing dissatisfaction with CPSI, plaintiff alleges that he stated to Stringer, "wouldn't you like to see a federal investigation about the management practices of the company and blow it wide open." (Doc. 15). After the conversation, Stringer reported to his supervisor Spencer Williams that plaintiff had just threatened to blow up CPSI. Specifically, Stringer stated that plaintiff said, "I will get my pound of flesh one way or another, even if I have to blow this [expletive deleted] place up!" (Doc. 12, Exhibit 5.) Williams reported the statement to Hammons. A meeting was held on the afternoon of June 23, 1999 to discuss the alleged incident. Present were Hammons, director of human resources Paul Pacey, and the president, vice president, and chief financial officer of CPSI. The participants made the unanimous decision to fire Sonnier if it was confirmed that Sonnier had actually threatened to blow up CPSI. Pacey then met with Wade Stringer, who stated that plaintiff had made a statement threatening to blow up CPSI.

On June 24, 1999, Pacey and Hammons held a meeting with plaintiff and terminated plaintiff's employment. Hammons states that plaintiff did not directly deny the statement, however, plaintiff states that he unambiguously denied ever threatening to blow up CPSI. After plaintiff's termination, defendant hired a security guard in an effort to protect its employees from the execution of the alleged threat made by the plaintiff.

II. STATEMENT OF THE LAW

A. Summary Judgment Standard

Federal Rule of Civil Procedure 56(c) provides that summary judgment shall be granted:

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 entitle to judgment as a matter of law.

Fed.R.Civ.P. 56(c). A factual dispute is "`genuine' if the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986). A fact is "material" if it "might affect the outcome of the suit under the governing [substantive] law." Id.; accord, Tipton v. Bergrohr GMBH-Siegen, 965 F.2d 994, 998 (11th Cir.1992), cert. denied, 507 U.S. 911, 113 S.Ct. 1259, 122 L.Ed.2d 657 (1993).

The basic issue before the Court on a motion for summary judgment is 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, 477 U.S. at 251-252, 106 S.Ct. 2505. The moving party has the burden of showing the absence of a genuine issue as to any material fact, and in deciding whether the movant has met this burden, the Court must view the movant's evidence and all factual inferences arising from it in the light most favorable to the nonmoving party. Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970); Fitzpatrick v. City of Atlanta, 2 F.3d 1112, 1115 (11th Cir.1993); Tipton, 965 F.2d at 998-999. "If reasonable minds could differ on the inferences arising from undisputed facts, then a court must deny summary judgment." Miranda v. B & B Cash Grocery Store, Inc., 975 F.2d 1518, 1534 (11th Cir.1992) (citing Mercantile Bank & Trust Co. v. Fidelity & Deposit Co., 750 F.2d 838, 841 (11th Cir.1985)). In addition to demonstrating that there is no genuine issue of material fact, the movant must also satisfy the ultimate burden of persuasion on the claim by showing that it would be entitled to a directed verdict at trial. Fitzpatrick, 2 F.3d at 1116.

Once the movant satisfies its initial burden under Rule 56(c) of demonstrating the absence of a genuine issue of material fact, the burden shifts to the nonmovant to "come forward with specific facts showing that there is a genuine issue for trial." Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986) (quoting Fed.R.Civ.P. 56(e))(emphasis omitted). Otherwise stated, in order to preclude summary judgment, the nonmovant must "show the existence of a genuine issue as to a material fact." Fitzpatrick, 2 F.3d at 1116. "A mere `scintilla' of evidence supporting the [nonmoving] party's position will not suffice; there must be enough of a showing that the jury could reasonably find for that party." Walker v. Darby, 911 F.2d 1573, 1577 (11th Cir.1990) (citation omitted). "[T]he nonmoving party may avail itself of all facts and justifiable inferences in the record taken as a whole." Tipton, 965 F.2d at 998 (citing United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S.Ct. 993, 994, 8 L.Ed.2d 176 (1962)). "[T]he evidence of the non-movant is to be believed, and all justifiable inferences are to be drawn in his favor." Tipton, 965 F.2d at 999 (quoting Anderson, 477 U.S. at 255, 106 S.Ct. 2505 (citing Adickes, 398 U.S. at 158-159, 90 S.Ct. 1598)). "Where the record taken as a...