Thompson v. Orange Lake Country Club, Inc.

• Decision Date: 23 July 2002
• Docket Number: No. 6:01-CV-974-ORL-JGG.,6:01-CV-974-ORL-JGG.
• Citation: 224 F.Supp.2d 1368
• Parties: Danielle THOMPSON, Plaintiff, v. ORANGE LAKE COUNTRY CLUB, INC., Defendant.
• Court: U.S. District Court — Middle District of Florida

224 F.Supp.2d 1368

Danielle THOMPSON, Plaintiff, v. ORANGE LAKE COUNTRY CLUB, INC., Defendant.

No. 6:01-CV-974-ORL-JGG.

United States District Court, M.D. Florida, Orlando Division.

July 23, 2002.

COPYRIGHT MATERIAL OMITTED

John Vernon Head, P.A., Orlanda, FL, for Plaintiff.

Ronald Mark Schirtzer, John S. Lord, Jr., Erin A. Webb, Foley & Lardner, Orlando, FL, for Defendant.

ORDER

GLAZEBROOK, United States Magistrate Judge.

This cause came on for consideration without oral argument on the defendant's Motion for Summary Judgment and Incorporated Memorandum of Law. Docket Nos. 22 and 23. In response, the plaintiff filed her "Response Requesting Denial of Defendant's Motion for Summary Judgment," which the Court views a memorandum in opposition. Docket No. 28. The parties rely on the following evidence in support of their positions: Deposition of Danielle Thompson (Vols. I and II), Docket No. 25.; Affidavit of Brian Lower, Docket No. 26; Deposition of Pamela McColloch, Docket No. 29, Ex. 1; Records of the Florida Commission on Human Rights, Docket No. 29, Ex. 2; Affidavit of Danielle Thompson, Docket No. 29, Ex. 3; Thompson's Responses to Interrogatories and Request to Produce, Docket No. 29, Ex. 4; and Orange Lake Country Club's Policy Manual, Docket No. 29, Ex. 5. For the reasons set forth below, the defendant's Motion for Summary Judgment is GRANTED in part and DENIED in part.

I. PROCEDURAL BACKGROUND

This is an employment-related action. Orange Lake Country Club, Inc. ("Orange Lake") hired plaintiff Danielle Thompson ("Thompson") under contract to work as a Team Leader for the VIP Sales Division in March of 1997. On November 5, 1999, Thompson was terminated. Thompson never filed a charge of gender discrimination with the United States Equal Opportunity Commission ("EEOC"). However, on January 18, 2001, Thompson filed a charge of discrimination with the Florida Commission on Human Relations ("Florida Commission") alleging discrimination and retaliation based on gender. On July 17, 2001, Thompson filed a two count complaint against Orange Lake in state court. Orange Lake successfully removed the case to this Court on August 20, 2001 alleging federal question jurisdiction. See Docket No. 2.

In Count I, Thompson asserts claims of unlawful gender discrimination, hostile sexual environment, and retaliation in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. (Title VII) and the Florida Civil Rights Act of 1992, Fla. Stat. 760 et seq., ("FCRA"). See Docket No. 2 at 4 — 6. In Count II, Thompson asserts claims for defamation, libel, and slander. See Docket No. 2 at 6 — 7. In support of these claims, Thompson claims that her former supervisor, Sean Barrett ("Barrett"), gave poor and false references about her moral character and work abilities to prospective employers, and that she was denied jobs because of these references. See Docket No. 2, ¶ 27.

On April 15, 2002, Orange Lake filed the present motion, asserting numerous grounds for summary judgment. Docket No. 22. First, Orange Lake claims it is entitled to summary judgment as to Thompson's Title VII claims because Thompson failed to exhaust her administrative remedies by filing a charge of discrimination with the EEOC. Second, Orange Lake argues that the FCRA claims of discrimination and retaliation are time-barred because Thompson failed to file a charge of discrimination with the Florida Commission within the limitations period provided in the FCRA. Third, Orange Lake claims that, unlike libel and slander, Thompson's "defamation" cause of action is not a recognized cause of action under Florida law. Fourth, Orange Lakes maintains that it is entitled to summary judgment on Thompson's libel claim because Thompson admitted that she was not defamed in writing. Finally, Orange Lake claims that it is entitled to summary judgment as to Thompson's slander claim because it cannot be held liable for the acts of Thompson's former supervisor — acts which were taken outside the scope of his authority and which were made for his own purposes and not on behalf of Orange Lake.

On May 3, 2002, Thompson filed a response requesting denial of defendant's motion for summary judgment. The Court treats the response as a memorandum in opposition. Docket No. 28. Thompson argues that her filing of the Florida Commission charge satisfies the EEOC exhaustion requirements; that the 365-day limitations period set by the FCRA for filing a charge with the Florida Commission is equitably tolled by Orange Lake's threats of retaliation; and that Orange Lake is liable for slanderous employment evaluations made by an employee that Orange Lake placed in a supervisory management position.

II. THE LAW

A. Standard of Review on Summary Judgment

Summary judgment is appropriate "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 entitled to judgment as a matter of law." Fed.R.Civ.P. 56 ©). The moving party bears the initial burden of showing the Court, by reference to materials on file, that there are no genuine issues of material fact that should be decided at trial. Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Jeffery v. Sarasota White Sox, 64 F.3d 590, 593— 94 (11th Cir.1995); Clark v. Coats & Clark, Inc., 929 F.2d 604 (11th Cir.1991). A moving party discharges its burden on a motion for summary judgment by showing the Court that there is an absence of evidence to support the non-moving party's case. Celotex, 477 U.S. at 325, 106 S.Ct. 2548. Rule 56 permits the moving party to discharge its burden with or without supporting affidavits and to move for summary judgment on the case as a whole or on any claim. Id. When a moving party has discharged its burden, the non-moving party must then "go beyond the pleadings," and by its own affidavits or by "depositions, answers to interrogatories, and admissions on file," designate specific facts showing that there is a genuine issue for trial. Id. at 324, 106 S.Ct. 2548.

In determining whether the moving party has met its burden of establishing that there is no genuine issue as to any material fact and that it is entitled to judgment as a matter of law, the Court must draw inferences from the evidence in the light most favorable to the non-movant and resolve all reasonable doubts in that party's favor. Spence v. Zimmerman, 873 F.2d 256 (11th Cir.1989); Samples on Behalf of Samples v. City of Atlanta, 846 F.2d 1328, 1330 (11th Cir.1988). The Eleventh Circuit has explained the reasonableness standard:

in deciding whether an inference is reasonable, the Court must "cull the universe of possible inferences from the facts established by weighing each against the abstract standard of reasonableness." [citation omitted]. The opposing party's inferences need not be more probable than those inferences in favor of the movant to create a factual dispute, so long as they reasonably may be drawn from the facts. When more than one inference reasonably can be drawn, it is for the trier of fact to determine the proper one.

Jeffery v. Sarasota White Sox, 64 F.3d 590, 594 (11th Cir.1995), quoting WSB-TV v. Lee, 842 F.2d 1266, 1270 (11th Cir.1988).

Thus, if a reasonable fact finder evaluating the evidence could draw more than one inference from the facts, and if that inference introduces a genuine issue of material fact, then the court should not grant the summary judgment motion. Augusta Iron and Steel Works v. Employers Insurance of Wausau, 835 F.2d 855, 856 (11th Cir. 1988). A dispute about a material fact 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, 91 L.Ed.2d 202 (1986). The inquiry 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." Id. at 251-52, 106 S.Ct. 2505. On a summary judgment motion the Court may not weigh the credibility of the parties. See Rollins v. TechSouth, Inc., 833 F.2d 1525, 1531 (11th Cir.1987). If the determination of the case rests on which competing version of the facts or events is true, the case should be presented to the trier of fact. Id.

In cases where employment discrimination has been alleged, the Eleventh Circuit has long stated that the district courts should exercise caution in granting summary judgment because such cases usually involve the examination of motive and intent. Batey v. Stone, 24 F.3d 1330, 1336 (11th Cir.1994) (quoting Hayden v. First Nat'l Bank, 595 F.2d 994, 997 (5th Cir. 1979)); accord Johnson v. Minnesota Historical Soc'y, 931 F.2d 1239, 1244 (8th Cir.1991) (stating that summary judgment should seldom be granted in cases alleging employment discrimination). A defendant in an employment discrimination case is nevertheless entitled to summary judgment if the plaintiff has failed to establish a prima facie case. See Pace v. Southern Railway System, 701 F.2d 1383, 1391 (11th Cir.1983).

B. Material Submitted in Opposition to Summary Judgment

Federal Rule of Civil Procedure 56(c) provides that the party making a motion for summary judgment may submit affidavits to support its argument as to the absence of a genuine issue of material fact. Rule 56(e) provides as follows regarding the materials that the non-movant must submit in response:

Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. Sworn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith. The court may permit...