Anderson v. Denco Manufacturing Inc

Filing 48

ORDER signed by Judge J P Stadtmueller on 1/10/2022: GRANTING 38 Defendant's Motion for Summary Judgment and DISMISSING CASE with prejudice. See Order. (cc: all counsel)(jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
MARLON ANDERSON, SR.,
Plaintiff,
v.
DENCO MANUFACTURING, INC.,

Case No. 19-CV-1841-JPS

ORDER

Defendant.
On October 15, 2021, Defendant Denco Manufacturing, Inc.
(“Denco”) filed a motion for summary judgment. (Docket #38). On
November 2, 2021, counsel for Plaintiff Marlon Anderson, Sr. (“Anderson”)
filed a response indicating that he would not oppose Denco’s motion.
(Docket #45).
Under Federal Rule of Civil Procedure 56, a “court shall grant
summary judgment if the movant shows that there is no genuine dispute as
to any material fact and the movant is entitled to judgment as a matter of
law.” Id.; Boss v. Castro, 816 F.3d 910, 916 (7th Cir. 2016). A “genuine”
dispute of material fact exists when “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). The Court construes all facts and
reasonable inferences in a light most favorable to the nonmovant. Bridge v.
New Holland Logansport, Inc., 815 F.3d 356, 360 (7th Cir. 2016). In assessing
the parties’ proposed facts, the Court must not weigh the evidence or
determine witness credibility; the Seventh Circuit instructs that “we leave
those tasks to factfinders.” Berry v. Chi. Transit Auth., 618 F.3d 688, 691 (7th
Cir. 2010).

Case 2:19-cv-01841-JPS Filed 01/10/22 Page 1 of 2 Document 48

In the present case, the parties dispute no facts, material or
otherwise. (Docket #45). Denco argues that it did not discriminate against
Anderson. In his response brief and at a hearing on the motion, Anderson
(through his attorney) agreed that the record lacks any direct evidence that
would allow a reasonable jury to conclude that Denco took adverse action
against Anderson because of his race. The parties agree that any argument
otherwise would be frivolous and without merit. Thus, the Court will grant
Denco’s motion for summary judgment.
Accordingly,
IT IS ORDERED that Defendant’s motion for summary judgment
(Docket #38) be and the same is hereby GRANTED; and
IT IS FURTHER ORDERED that this case be and the same is hereby
DISMISSED with prejudice.
The Clerk of the Court is directed to enter judgment accordingly.
Dated at Milwaukee, Wisconsin, this 10th day of January, 2022.
BY THE COURT:

J.P. Stadtmueller
U.S. District Judge

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