Hannah v. One Communications
Filing
40
ORDER ADOPTING REPORT AND RECOMMENDATIONS 39 of United States Magistrate Judge Jonathan W. Feldman. Defendant's 34 Motion for Summary Judgment is granted and the complaint is dismissed. ***CLERK TO FOLLOW UP. Signed by Hon. David G. Larimer on 11/2/11. (EMA)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
_______________________________________________
SHONDA R. HANNAH,
Plaintiff,
DECISION AND ORDER
08-CV-6567L
v.
ONE COMMUNICATIONS,
Defendant.
________________________________________________
Plantiff, Shonda R. Hannah (“Hannah”), commenced this action pro se alleging that her
termination from employment was done on the basis of her race. Defendant moved for summary
judgment, and this Court referred the motion to United States Magistrate Judge Jonathan W.
Feldman pursuant to 28 U.S.C. § 636(b). After reviewing the motion, all pleadings in the case, as
well as depositions, the Magistrate Judge issued a thorough Report and Recommendation (Dkt. #39)
recommending that this Court grant the defendant’s motion for summary judgment and dismiss the
complaint.
Hannah has failed to file any objections to that Report and Recommendation although the
time within which to do so has elapsed.
I have carefully reviewed the Magistrate Judge’s thorough 23-page Report and
Recommendation which discusses the claims, facts and controlling law. I see no basis to modify,
reverse or reject the Report and Recommendation and believe that indeed summary judgment is
appropriate.
The facts establish that Hannah was terminated because of her low productivity and because
of her excessive, constant use of the company’s telephones for personal matters. That issue had been
raised with Hannah for some time and the evidence showed that the time spent by her on personal
calls was truly excessive. I believe there is no material issue of fact here on either Hannah’s
discrimination claim or the claim that she was somehow retaliated against.
Plaintiff has failed to advance any rational basis for concluding that Hannah’s AfricanAmerican race played any part in the decision to terminate her. There is no evidence that the
decisionmaker who ordered the termination had any racial animus or bias and the facts demonstrate
that Hannah’s replacement was also an African-American individual.
For all the reasons set forth in the Magistrate Judge’s thorough Report and Recommendation
I conclude that summary judgment is warranted.
CONCLUSION
I adopt and accept the Report and Recommendation (Dkt. #39) of the United States
Magistrate Judge Jonathan W. Feldman in its entirety.
Defendant’s motion for summary judgment (Dkt. #34) is granted and the complaint is
dismissed.
IT IS SO ORDERED.
_______________________________________
DAVID G. LARIMER
United States District Judge
Dated: Rochester, New York
November 2, 2011.
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