Davis v. State of South Carolina Department of Insurance

Filing 47

ORDER ADOPTING THE REPORT AND RECOMMENDATION, granting defendant's motion for summary judgment and dismissing this action, for 42 Report and Recommendation, 31 Motion for Summary Judgment, filed by State of South Carolina Department of Insurance Signed by Chief Judge Terry L Wooten on July 27, 2016. (kbos)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
ANGELA DAVIS,

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Plaintiff,
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vs.
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STATE OF SOUTH CAROLINA
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DEPARTMENT OF INSURANCE,
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Defendant.
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___________________________________ )

Case No. 3:14-3822-TLW

ORDER
The Plaintiff, Angela Davis (“Plaintiff”), filed this action against the Defendant, State of
South Carolina Department of Insurance (“Defendant” or “Department of Insurance”), alleging
claims pursuant to the Equal Pay Act (EPA), 29 U.S.C. § 206(d); Title VII of the Civil Rights Act
of 1964, 42 U.S.C. § 2000e, et seq.; and the South Carolina Human Affairs Law (SCHAL), S.C.
Code § 1-13-10, et seq. (Doc. #1). On April 29, 2015, this Court entered an Order granting in part
Defendant’s motions to dismiss (Docs. #9, 15), and dismissed two of Plaintiff’s claims: the Title
VII and SCHAL claim. (Doc. #29; see Docs. #27; 28). Therefore, the only claim remaining before
this Court in the above-captioned matter is Plaintiff’s Equal Pay Act claim.
Defendant filed a Motion for Summary Judgment as the EPA claim on October 2, 2015.
(Doc. #31). Plaintiff filed a response in opposition on November 2, 2015 (Doc. #37), to which
Defendant replied on November 5, 2015 (Doc. #38). This matter is now before the Court for
review of the Report and Recommendation (“the Report”) filed by United States Magistrate Judge
Thomas E. Rogers, to whom this case was assigned pursuant to 28 U.S.C. § 636(b) and Local Civil
Rule 73.02(B)(2), (D.S.C.). (Doc. #42). In the Report, the Magistrate Judge recommends that this
Court grant Defendant’s motion for summary judgment and dismiss this case in its entirety. (Doc.

#42). Plaintiff filed timely objections to the Report on March 31, 2016 (Doc. #43), to which
Defendant replied on April 11, 2016 (Doc. #45). Defendant’s motion is now ripe for disposition.
In conducting this review, the Court applies the following standard:
The magistrate judge makes only a recommendation to the Court, to which any
party may file written objections . . . . The Court is not bound by the
recommendation of the magistrate judge but, instead, retains responsibility for the
final determination. The Court is required to make a de novo determination of those
portions of the report or specified findings or recommendation as to which an
objection is made. However, the Court is not required to review, under a de novo
or any other standard, the factual or legal conclusions of the magistrate judge as to
those portions of the report and recommendation to which no objections are
addressed. While the level of scrutiny entailed by the Court’s review of the Report
thus depends on whether or not objections have been filed, in either case, the Court
is free, after review, to accept, reject, or modify any of the magistrate judge’s
findings or recommendations.
Wallace v. Housing Auth. of City of Columbia, 791 F. Supp. 137, 138 (D.S.C. 1992) (citations
omitted).
This Court has carefully reviewed the Report and Plaintiff’s objections thereto in
accordance with the standard set forth in Wallace, and concludes that the Magistrate Judge
accurately summarizes the case and the applicable law. As the Report properly concludes, there
is a clear difference in the skill, effort, and responsibility between the work required for the position
held by the Plaintiff and that of her male comparator. Accordingly, after careful consideration, it
is hereby ORDERED that the Report and Recommendation is ACCEPTED (Doc. #42), and
Plaintiff’s objections thereto are OVERRULED (Doc. #43). For the reasons articulated by the
Magistrate Judge, Defendant’s motion for summary judgment is GRANTED (Doc. #31) and this
case is dismissed.
IT IS SO ORDERED.
s/ Terry L. Wooten
Chief United States District Judge
July 27, 2016
Columbia, South Carolina