Adams v. Trujillo, et al
Filing
102
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ORDER DENYING MOTION FOR LEAVE TO FILE SUPPLEMENTAL SUMMARY JUDGMENT EVIDENCE - 93 Report and Recommendations, GRANTING 50 Motion for Summary Judgment file d by McKinney ISD, DENYING 98 MOTION for Leave to File Corrected Appendix in Opposition to Motion for Summary Judgment filed by Rayshana Adams. Plaintiff shall take nothing by her remaining claims here, Defendant shall be awarded its costs, and this matter shall be closed on the Courts docket. Signed by Judge Amos L. Mazzant, III on 7/6/2016. (baf, )
United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
RAYSHANA ADAMS
Plaintiff,
VS.
MCKINNEY INDEPENDENT
SCHOOL DISTRICT and
LILIANA TRUJILLO
Defendants.
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Case No. 4:14CV762
Judge Mazzant/Judge Bush
MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND
ORDER DENYING MOTION FOR LEAVE TO FILE
SUPPLEMENTAL SUMMARY JUDGMENT EVIDENCE
Came on for consideration the report of the United States Magistrate Judge in this action, this
matter having been heretofore referred to the United States Magistrate Judge pursuant to 28 U.S.C.
§ 636.
On April 13, 2016, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that MISD’s Motion for Summary Judgment (Dkt. #50) be
GRANTED, that Plaintiff take nothing by her remaining claims here,1 that Defendant be awarded
its costs, and that this matter be closed on the Court’s docket.
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The Court previously dismissed Plaintiff’s claims of racial discrimination/racial
harassment in violation of Tex. Lab. Code 21.051, 21.55 and retaliation, as well as Plaintiff’s
claim for exemplary damages against MISD. See Dkt. #91. The Court also dismissed all of
Plaintiff’s claims against co-Defendant Liliana Trujillo. See Dkt. #92.
On April 28, 2016, Plaintiff filed objections to the Magistrate Judge’s report (see Dkt. #97),
and Defendant MISD filed its response to those objections on May 5, 2016 (see Dkt. #100). On May
2, 2016, Plaintiff also filed a Motion for Leave to File Corrected Appendix in Opposition to
Defendants’ Motion for Summary Judgment (Dkt. #98), and on May 10, 2016, Defendant filed a
response in opposition (see Dkt. #101).
The Court has made a de novo review of the objections raised by Plaintiff and Defendant’s
response and is of the opinion that the findings and conclusions of the Magistrate Judge are correct
and the objections are without merit as to the ultimate findings of the Magistrate Judge.
In her objections, Plaintiff objects to the Magistrate Judge’s findings that: (1) Plaintiff failed
to meet her prima facie case of discrimination of a hostile work environment; (2) the harassment of
Plaintiff was not based on race; (3) the harassment of Plaintiff was not sufficiently severe or
pervasive so as to affect a term, condition, or privilege of employment; and (4) the employer took
prompt remedial action. Dkt. #97 at 2-3. Plaintiff’s objections, which are less than three pages long,
provide no further arguments or explanation to show why this Court should not adopt the findings
made by the Magistrate Judge. The Court finds that they are not adequately briefed or supported by
authority and do not sufficiently state the basis for Plaintiff’s objections. For this reason alone, the
Court is not persuaded by Plaintiff’s objections. See FED. R. CIV. P. 72(b)(2) (objections to the
magistrate judge’s recommended disposition must be specific). More importantly, the Court finds
that each of the findings to which Plaintiff objects is clearly supported by the record as detailed in
the Magistrate Judge’s report.
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To prove a claim of hostile work environment, a plaintiff must show that she: “(1) belongs
to a protected group; (2) was subjected to unwelcome harassment; (3) the harassment was based on
race; (4) the harassment was sufficiently severe or pervasive so as to affect a term, condition, or
privilege of employment; and (5) the employer knew or should have known of the harassment in
question and failed to take prompt remedial action.” Gudger v. CITGO Petroleum Corp., 574 F.
App’x 493, 497 (5th Cir. 2014) (citing Hernandez v. Yellow Transp., Inc., 670 F.3d 644, 651 (5th
Cir. 2012); Oncale v. Sundowner Offshore Servs., Inc., 523 U.S. 75, 78, 118 S. Ct. 998, 140 L.Ed.2d
201 (1998)). “[A] regular pattern of frequent verbal ridicule or insults sustained over time can
constitute severe or pervasive harassment sufficient to violate Title VII.” E.E.O.C. v. WC&M
Enters., Inc., 496 F.3d 393, 400 (5th Cir. 2007). As discussed by the Magistrate Judge, the
complained of conduct must be both objectively and subjectively offensive. Id. at 399.
The Court has reviewed the report in its entirety. The Magistrate Judge analyzed the
summary judgment record, as cited by the parties, as to each of these elements. The Magistrate
Judge also discussed the parties’ respective burdens on summary judgment and correctly noted that
Plaintiff, as the non-movant, is required to designate specific facts in the record, by making specific
citations to the summary judgment record, to show that there is a genuine issue for trial. See E.D.
TEX. L.R. CV-56(b); Stults v. Conoco, Inc., 76 F.3d 651, 655 (5th Cir. 1996). Without any specific
argument from Plaintiff, the Court cannot evaluate the grounds for Plaintiff’s objections to the
Magistrate Judge’s recommendations further.
The summary judgment record supports the
Magistrate Judge’s thorough findings, and Plaintiff’s objections are therefore without merit.
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Plaintiff also objects to the Magistrate Judge’s finding that Plaintiff’s affidavit was not proper
summary judgment evidence. Plaintiff argues that: “It is clear that there was one- page missing from
Plaintiff’s Affidavit, which happened to be the verified page of the affidavit. That was an error, not
intentional disregard. In the interest of justice [sic].” Dkt. #97 at 3. Plaintiff notes that she is
seeking leave to add that one page to the record to complete her summary judgment affidavit and
filed a separate motion seeking leave, to which Defendant responded.
In her motion for leave, as she does in her objections, Plaintiff argues that she inadvertently
excluded the last page of Plaintiff’s affidavit from her summary judgment evidence (see Dkt. #98).
She seeks leave to file a corrected appendix. Plaintiff fails, however, to include a copy of the
corrected appendix (or missing page) in the record, either by attaching it to the motion or by filing
it as a separate document in accordance with this Court’s local rules. See E.D. TEX. L. R. CV-7(k)
(“With the exception of motions to exceed page limitations, motions for leave to file a document
must be accompanied by the document sought to be filed. The motion and the document should be
filed separately.”). Such was pointed out by Defendant in response to Plaintiff’s motion for leave,
and no effort has been made by Plaintiff since to supplement the record to include the missing page
she seeks to include in the record. See Dkt. #101 at 4 (“the missing page is still not before the
Court.”).
Further, as noted both by Defendant in response to the motion for leave and by the Magistrate
Judge’s in his report, the fact that a page was missing was raised by Defendant in its summary
judgment reply and Plaintiff did not respond or seek leave to supplement the record prior to the
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Magistrate Judge’s recommendation that summary judgment be granted.
Plaintiff’s Motion for Leave to File Corrected Appendix in Opposition to Defendants’
Motion for Summary Judgment (Dkt. #98) is therefore DENIED. Not only is Plaintiff’s motion
untimely given the arguments raised by Defendant in its reply brief filed on March 3, 2016 regarding
the page missing from the summary judgment record (see Dkt. #85 at ¶1.1), Plaintiff has not even
timely responded to Defendant’s most recent argument in response to her motion for leave. The
missing page has never been made a part of the record. The Court will not now grant Plaintiff leave
to supplement the record – almost four months after the deficiency was first identified. It is simply
too late.
In any event, although the Court does not have the missing page before it, Plaintiff has not
shown – and the Court cannot see based on the Magistrate Judge’s detailed findings, including a
consideration of the unverified and incomplete affidavit – how it would create a fact issue sufficient
to save her hostile work environment claim. Such is her burden in summary judgment proceedings.
Stults v. Conoco, Inc., 76 F.3d 651, 655 (5th Cir. 1996). Plaintiff’s objections regarding the
Magistrate Judge’s findings about her incomplete affidavit are overruled.
Having reviewed the record herein and finding that Plaintiff’s objections are wholly without
merit, the Court hereby adopts the findings and conclusions of the Magistrate Judge as the findings
and conclusions of this Court.
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Therefore, MISD’s Motion for Summary Judgment (Dkt. #50) is GRANTED, Plaintiff shall
take nothing by her remaining claims here, Defendant shall be awarded its costs, and this matter shall
be closed on the Court’s docket.
IT IS SO ORDERED.
SIGNED this 6th day of July, 2016.
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AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE
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