DeHoney v. Denny's Corporation

Filing 55

ORDER TO SHOW CAUSE RE: SUMMARY JUDGMENT. On or before April 9, 2010, Plaintiff shall submit further briefing and corroborating evidence to support her statements at the hearing, to the extent that Plaintiff intends torely on such statements to estab lish a prima facie case of racial discrimination or harassment. On or before April 14, 2010, Defendant shall file its Response, if any, to Plaintiffs submission. The Court DENIES Plaintiffs Motion to Amend as untimely. Motions terminated: 53 MOTION to Amend/Correct 1 Complaint, 11 Amended Complaint filed by Karen DeHoney. Please see Order for further specifics. Signed by Judge James Ware on 3/24/2010. (ecg, COURT STAFF) (Filed on 3/25/2010)

1 2 3 4 5 6 7 8 9 10 Karen DeHoney, v. Denny's, Inc., Defendant. / Plaintiff, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 08-04092 JW ORDER TO SHOW CAUSE RE: SUMMARY JUDGMENT

United United States District Court

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For the Northern District of California

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Presently before the Court is Defendant's Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment. (hereafter, "Motion," Docket Item No. 44.) The Court conducted a hearing on March 22, 2010. At the hearing, Plaintiff represented that certain deficiencies in her performance were excusable and did not preclude a prima facie case of racial discrimination because they were caused by the unduly long hours that Defendant required her to work. Plaintiff also represented that numerous racial slurs were directed at her on a regular basis in the workplace. A fact issue 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 (1986). However, the Ninth Circuit has refused to find a "genuine issue" where the only evidence presented is "uncorroborated and self-serving" testimony. Kennedy v. Applause, Inc., 90 F.3d 1477, 1481 (9th Cir. 1996); accord Villiarimo v. Aloha Island Air, Inc., 281 F.3d 1054, 1061 (9th Cir. 2002). Here, Plaintiff's representations at the hearing are neither support by the record or corroborated by other evidence. The Ninth Circuit is clear that uncorroborated deposition testimony

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from a plaintiff claiming racial discrimination alone would not be enough support a prima facie case under Title VII. In light of Plaintiff's pro se status, the Court permits Plaintiff to file supplemental briefing which shall include some other corroborating evidence to support her allegations in the face of Defendant's Motion for Summary Judgment. Accordingly, on or before April 9, 2010, Plaintiff shall submit further briefing and corroborating evidence to support her statements at the hearing, to the extent that Plaintiff intends to rely on such statements to establish a prima facie case of racial discrimination or harassment. On or before April 14, 2010, Defendant shall file its Response, if any, to Plaintiff's submission.1

Dated: March 24, 2010

United States District Court

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For the Northern District of California

JAMES WARE United States District Judge

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On March 18, 2010, Plaintiff filed a Motion to Amend Original Complaint. In light the pending Motion for Summary Judgment, the Court DENIES Plaintiff's Motion as untimely. This is without prejudice for Plaintiff to renew her Motion in the event that this case advances beyond the summary judgment stage. (See Docket Item No. 53.) 2
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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Brian H. Chun [e-mail] Gary T. Lafayette [e-mail] Karen DeHoney 284 E. Prosperity Avenue Tulare, CA 93274

Dated: March 24, 2010

Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy

United States District Court

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For the Northern District of California

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