text:
3 Knee Deep (2016) HD Full Movie Watch Online Stream
3 Knee Deep (2016) HD Full Movie Watch Online Stream
Upcoming Tags
3 Knee Deep (2016) Full Movie HD Free Watch Online Dvd-rip,3 Knee Deep (2016)Hollywood Movie Dual audio download,3 Knee Deep (2016) New Movie hindi best print mp4 Avi 720p 1080p 360p
3 Knee Deep (2016) HD Full Movie Watch Online Stream
Story:Six years in the past a crook mastermind concealed one ton of cocaine in an deserted warehouse. no person is aware of the location of the drugs besides his violent sidekick and his beautiful but deadly female friend. in preference to giving up the stash to the police officers or a rival gang, the criminal, a mysterious Jamaican named Ghost, takes his mystery to prison. whilst he is kidnapped with the aid of a black field covert operative by using the name of Cole (bill Koruna), he escapes with the help of an FBI agent (Angela Williams). Now unfastened on parole, Cole's only aim is to get the cocaine, sell it, and disappear into a life of luxury. but his moves have been carefully watched through the DEA, The Russian mob and terrible guys alike, and every body is interested by following the trail to the hidden hoard of coke.
Director:William Lee
Writer:William Lee
Stars:Paisley Blackburn, Nan Bongiani, Sasha Brown
Official Sites:Red Box
Release Date:5 January 2016 (USA)
Box Office
Budget:$250,000 (estimated)
Company Credits
Production Co:Cinema Lexzikon Productions
Show detailed company contact information


text:
Ornidazole Topical
Ornidazole Topical is used in the treatment of bacterial infections.
How it works
Ornidazole is an antibiotic belonging to the class of medications called as anti-bacterials and anti-protozoals. It works by causing cell death thereby inhibiting the growth of bacteria thus relieving the symptoms associated with infections.
Common side effects
Rash, Itching, Skin redness
Expert advice
- Tell your doctor if you have any previous history of fits or if you experience unusual numbness of skin.
- Ornidazole cream is only meant to be applied on the skin of the affected area and should not be consumed orally or instilled into eyes.
- In case of accidental direct contact with your eyes, wash your eyes with water immediately and seek medical attention if any irritation persists.
- Tell your doctor if you are pregnant, planning to become pregnant or are breastfeeding.
- It should not take if patient is allergic to ornidazole or any of its ingredients.
Frequently asked questions
Ornidazole Topical
Q.Is ornidazole topical same as metronidazole?
Ornidazole topical and metronidazole are two different drugs belonging to the same class. However, they may have different indications. Please follow your doctor's advice regarding its use
Q.Is ornidazole topical carcinogenic?
There are no reports suggesting the potential of ornidazole to cause cancer.

subset: commoncrawl


text:
Where Does The Internet Come From?
The internet is a network of networks — clusters of computers and servers all connected to each other to send information worldwide.By Evan Thomas | July 30, 2016
The internet: We use it every day, for everything from gaming to news to binging cat videos. But despite the ease of access from just about anywhere these days, it's not a magic information field.
So where does it come from? There isn't one big room that hands out bandwidth.
Instead, the internet is a network of networks. It links all of the individual servers, computers and devices across the planet. More and more of our communications — and all of our websites — live there and travel across it.


text:
A Good Deal: No Evil 022
Round up4.27 / 5.00 2,713 Views
Park Bench
A short film about a park bench4.16 / 5.00 2,159 Views
frog thing
frogggsgsgs3.79 / 5.00 2,502 Views
lol she licks her l[s after cutting off a purwe hand thats a beastly cat
Its was nice
A bit short...needs more meows...
^^Good Points^^
For a decent movie, you really can't beat that file size, that's my favorite part. I liked the sound effects you used, especially the chainsaw one. Your drawing of the cat wasn't bad either.
^^Needs Improving^^
One thing is that you didn't full draw the guy's arms and legs, and a white voide pops out on top of them, which looks really crappy. Also, the second the guy puts his arm down you can see that it is gone even when the cat is still attacking, which really ruins the surprise at the end.
how cute
I wish my cat was like that
He's not getting up after *that* one, Jim!
That kitten was cute...


text:
Slow Cooked Garlic Chicken
Total Time
Prep 0 mins
Cook 3 hrs
The most tender chicken with the BEST taste! Best of all, no fuss. I served it up with mashed potatoes and steamed asparagus.
Ingredients Nutrition
- 6 -8 boneless skinless chicken thighs
- 1 tablespoon salt
- 1⁄4 cup paprika
- 1⁄4 cup lemon pepper
- 2 onions, sliced
- 10 garlic cloves, smashed not peeled
- Rinse chicken and pat dry.
- Mix together the salt, paprika, and lemon pepper.
- Coat the chicken thoroughly with the spice mixture, adding more of the spices if needed.
- Place the coated chicken in the crockpot and cover with the garlic and onion.
- Cook on low for 3-4 hours or until done.
Most Helpful
Good flavor. I used more garlic and peeled mine. I also left some whole but also chopped some, and also added just 1/2 cup liquid (chicken broth) in the bottom of my crock pot. I went a bit easier on the salt which I was glad I did. It was good but missing something for me.
This was good!! My chicken was so tender and juicy. I couldn't taste the garlic I think the paprika overpowered it. I did add 1/2 cup of water so that I would have juices for gravy. As it turned out, I didn't need to add the water. With the leftovers the next day, I mixed them with a can of Cream of Chicken soup, half and half, some mushrooms and some sour cream. It was really good!! I will make this again but use less paprika I think and maybe a little bit more garlic. Thanks for sharing your recipe. Made for PAC Spring '08.
Made for PAC Spring 08 I had to reduce this recipe quite a bit due to a smaller family size. The chicken was still tender. I think I may have cooked it a bit long (not the recipe's fault). The family thought it was pretty good and we would eat it again. Thanks for the recipe!


text:
Police: Fake trooper faces chargeAugust 27,2013READSBORO A Vermont man in an ongoing feud with his neighbor has been accused of leaving him a phone message in which he pretended to be a state trooper.
State police listened to the voice message left for 64-year-old Joseph Mangiacotti in Readsboro. They determined the caller was not a trooper.
They later traced it to 30-year-old Justin Gamache, his neighbor.
Gamache was arrested last week on a charge of impersonating a police officer.MORE IN This Just InSPRINGFIELD Downtown Springfield has a little-appreciated wow factor. Full Story
Staff Report
SPRINGFIELD A Craftsbury Common woman is charged with mailing... Full StoryWHITE RIVER JUNCTION A judge cast doubt Wednesday on the most serious charge facing a carpenter... Full Story
- Most Popular
- Most Emailed


text:
Annie Sloan Paints
Annie Sloan Chalk Paint ~ Chalk Paint® rarely requires any preparation, such as sanding or priming, and can be used indoors or outside, on just about any surface - from wood to metal, and matt plastic to terracotta. With a colour palette inspired by 18th and 20th Century decor and design, you can easily mix the colours together to extend the range. Chalk Paint® is eco-friendly too. It contains extremely low volatile organic compounds (VOCs) & has no odor.


text:
Home /
Our Sources / About Us
/ FAQs /
Advanced Search
Not what you're
looking for? Try an advanced search.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
February 10, 2011
JACQUELINE SCOTTI,PLAINTIFF :v.USAA CASUALTY INSURANCE COMPANY,DEFENDANT
Before the court for disposition is the defendant's motion to strike certain paragraphs from the plaintiff's breach of contract claim and to stay the plaintiff's bad faith claim. The motion has been fully briefed and is ripe for disposition.
Plaintiff Jacqueline Scotti ("Scotti") was injured in a car accident on March 23, 2009 in South Abington Township, Pennsylvania. (Compl. ¶¶ 3, 4 (Doc. 2)). Scotti alleges that the accident was caused by the negligence of Frank J. DeRigge ("the tortfeasor") who failed to stop for a traffic signal. (Id. ¶¶ 4, 5).Scotti alleges that the tortfeasor was insured by AAA Mid-Atlantic Insurance Company with a bodily injury liability limit of $100,000.00. (Id. ¶ 10). Scotti alleges that this limit is insufficient to compensate her for her injuries. (Id. ¶ 11). At the time of the accident, Scotti was insured by Defendant USAA Casualty Insurance Company ("USAA Casualty"), under a policy which provided underinsured motorist coverage. (Id. ¶¶ 12 - 15).
On November 11, 2009, Scotti informed USAA Casualty that she intended to pursue an underinsured motorist claim. (Id. ¶ 18). Scotti authorized the release of her medical and wage information and that information was provided to USAA Casualty. (Id. ¶¶ 22 -26). Subsequently, USAA Casualty indicated to Scotti that arbitration would not apply to her claim and the her claim remained unresolved because her treatment was ongoing. (Id. ¶¶ 27 - 28).
On June 3, 2010 Scotti filed her complaint in the Court of Common Pleas of Lackawanna County. (Doc. 2). The complaint raises two claims. Count I claims a breach of contract. Count II claims a violation of Pennsylvania's bad faith statute, 42 PA. CONS. STAT. ANN. § 8371. After the complaint was served, USAA Casualty filed a notice of removal on July 23, 2010. (Doc. 1). On July 30, 2010, USAA Casualty filed the instant motion to strike certain paragraphs from the plaintiff's breach of contract claim and to stay the plaintiff's bad faith claim, bringing the case to its present posture. (Doc. 6).
Plaintiff is a resident and citizen of Pennsylvania. (Compl. ¶ 1). The complaint indicates that Defendant USAA Casualty has its principal place of business in Texas. (Id. ¶ 3). USAA Casualty is incorporated under the laws of Texas. (Notice of Removal ¶ 41 (Doc. 1)). Thus, USAA Casualty is a citizen of Texas. Because there is complete diversity of citizenship between the parties and the amount in controversy exceeds $75,000.00, the court has removal jurisdiction over the case. See 28 U.S.C. § 1332 ("district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between . . . citizens of different States[.]"); 28 U.S.C. § 1441 (a defendant can generally remove a state court civil action to federal court if the federal court would have had original jurisdiction to address the matter).
USAA Casualty's motion seeks, first, an order striking any non-contractual or bad faith allegations from Scotti's claim for breach of contract under Count I, and, second, an order staying Scotti's claim for bad faith under Count II. We will address each request in turn.
1. Strike Allegations from Breach of Contract Claim*fn1
USAA Casualty seeks an order striking paragraphs 32 - 36 from the complaint under Federal Rule of Civil Procedure 12 (f). Under Rule 12(f), "[t]he court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter." FED. R. CIV. P. 12(f). "Indeed, striking a pleading 'is a drastic remedy to be resorted to only when required for the purposes of justice' and should be used 'sparingly.' The Court has 'considerable discretion' in disposing of a motion to strike under Rule 12(f)." DeLa Cruz v. Piccari Press, 521 F. Supp. 2d 424, 428 (E.D. Pa. 2007) (citations omitted) (quoting North Penn Transfer, Inc. v. Victaulic Co. of Am., 859 F. Supp. 154, 158 (E.D. Pa.1994)). The basis of a court's determination on a motion to strike is limited to the pleadings. North Penn, 521 F. Supp. at 159.
The paragraphs of which USAA Casualty complains state:
32. Defendant . . . has failed objectively and fairly to evaluate the Plaintiff's claim.
33. Defendant . . . has failed to promptly offer the reasonable [value] of the claim to the Plaintiff. . . .
34. Defendant . . . failed reasonably to investigate Plaintiff's claim [inasmuch] as a thorough and proper inquiry would have revealed that the Plaintiff . . . sustained injuries and will continue to suffer from severe and permanent injuries . . . .
35. As the insurer of the Plaintiff . . . , the Defendant . . . owes a fiduciary duty, contractual and statutory obligation to her to investigate, evaluate and negotiate her underinsurance motorist claim in good faith and arrive at a prompt, fair and equitable settlement.
36. For the reasons set forth above, Defendant . . . has violated its obligations under the policy of insurance. (Compl. ¶¶ 32 - 36). USAA Casualty argues that to make out a claim for breach of contract, Scotti must prove "that she is legally entitled to recover compensatory damages from the alleged tortfeasor, that the amount of said damages exceed the alleged tortfeasor's bodily injury liability limits, and, if so, by how much." (Def.'s Br. Supp. 1(Doc. 9)). USAA Casualty argues that paragraphs thirty-two to thirty-six improperly import phrases more often associated with bad faith, which might prejudice USAA Casualty before a jury.
Reading the complaint, the court determines that it would not be appropriate to strike paragraphs thirty-two through thirty-six. After making a fair reading of the complaint, the court cannot say that the allegations are "redundant, immaterial, impertinent, or scandalous" such that the interests of justice require the drastic remedy requested. The court is confident that this case can be managed such that USAA Casualty would not be prejudiced before a jury in the course of defending these allegations. Accordingly, the motion will be denied.
2. Stay Bad Faith Claim
USAA Casualty also requests that the court stay Scotti's claim for bad faith in Count II of the complaint until a determination of Count I is made. USAA Casualty points out that "to recover under a claim of bad faith, the plaintiff must show that the defendant did not have a reasonable basis for denying benefits under the policy and that defendant knew or recklessly disregarded its lack of reasonable basis in denying the claim."
Terletsky v. Prudential Prop. and Cas. Ins. Co., 649 A.2d 680, 688 (Pa. Super. Ct. 1994). Thus, USAA Casualtyargues, insofar as Scotti has not succeeded on her claim for breach of contract, there is no basis for her bad faith claim under 42 PA. CONS. STAT. ANN. § 8371. In support of its argument, USAA Casualty cites a string of cases indicating that a bad faith action cannot lie where it has been determined that there has been no breach of a duty under the insurance contract. See, e.g., Frog, Switch & Mfg. Co., Inc. v. Travelers Ins. Co., 193 F.3d 742, 751, n.9 (3d Cir. 1999) (there can be no bad faith action for an insurance company's failure to defend the insured where it has been a judicial determination that there was no coverage). That uncontroversial proposition however, does not necessitate staying a bad faith action where an accompanying breach of contract claim has not yet been disposed-- as here. Additionally, we find that the interests of judicial economy would be better served by taking discovery on the two claims simultaneously, rather than potentially having to take discovery first on Scotti's breach of contract claim and then again on her bad faith claim. Accordingly, USAA Casualty's request for a stay will be denied.
For the reasons stated above, USAA Casualty's motion to strike certain paragraphs from the complaint regarding plaintiff's breach of contract claim will be denied. Additionally, USAA Casualty's request that this court stay the plaintiff's bad faith claim will be denied. An appropriate order follows.
No. 3:10cv1538
Judge Munley
JACQUELINE SCOTTI, Plaintiff : v. USAA CASUALTY INSURANCE COMPANY, Defendant
ORDER AND NOW, to wit, this 10th day of February 2011, upon consideration of the Defendant's motion (Doc. 6), it is HEREBY ORDERED that the motion is GRANTED, in part, and DENIED, in part, as follows:
* Defendant's motion to strike certain paragraphs from the Plaintiff's complaint regarding Plaintiff's breach of contract claim is DENIED
* Defendant's request for a stay the Plaintiff's bad faith claim is DENIED
* Defendant's request for an order striking attorney's fees and punitive damages from Plaintiff's's prayer for relief based within Count I is GRANTED as unopposed.
The Defendant shall answer the complaint within twenty days of this order.
JUDGE JAMES M. MUNLEY United States District Court
Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
LRC, Inc. About Us


text:
Prices, specials, features and availability subject to change.
Contact for details
Contact for details
Luxury, Location, and Convenience. - Don't miss seeing this property! This house is been redone from top to bottom, using above grade materials. Hardwoods throughout, gas range in a state of the art kitchen, gas fireplace, and spacious main level master suite. Lots of built-ins and closet space. Corner lot. Finished basement. Lovely Patio and Deck. Hill City Rentals, Licensed Realtors. Lynchburg, VA. Equal Housing Opportunity. $30 application fee to apply. Deposit is $2000. Sorry, no pets.
No Pets
Don't have a Rent.com account? Create one.
Creating an account allows you to acccess your saved and contacted properties on any device. Already have an account?
Log In
We are experiencing technical difficulties at the moment. Please try again later.


text:
Best Beaches In England
Photographs of the 25 Best Beach Towns in New England...Rockport,MA
10 Best Secret Beaches in Cornwall | Best of the Cornwall Guide
Seahouses beach, Northumberland The best beaches in England!
Reid State Park in Maine best for surfing!!! Also Kayak surfing! What are the best beaches in New England? - Magazine - The Boston Globe
The ULTIMATE Top Beaches in Cornwall | The Cornish Life
Down to the Beach.. Wells, Norfolk, UK. 19 of the best beaches in Europe: http://www.europealacarte.co.uk/blog/2011/03/28/best-beaches-europ/
Sunset Beach, England, Travel via Ben Rogers - empfohlen von First Class and More
Best Beaches in Britain | Sandbanks Beach, Dorset, Photo 19 of 20 (Condé Nast Traveller)
Walberswick Sand Dunes on Suffolk Coast 19 of best beaches, Europe :http://www.europealacarte.co.uk/blog/2011/03/28/best-beaches-europ/
Cornwall, UK / Photography by Mike Greenslade I haven't been but I really want to. Cornwall is supposed to be beautiful and have the best beaches in England.


text:
$150.00 1 month ago
Canon Rebel XT with 18-55mm lens - $150 (Brier Creek)
For sale is a used Canon Rebel XT in great condition. The camera has always been transported in a case and very well taken care of. Everything functions correctly on the camera and there are very few scuffs on the outside. It will come with the charger, book, cords and 18-55mm lens. The lens is also in great shape and does not have any scratches on the glass.
1 month ago
Raleigh, NC
$700.00 3 months ago
Canon rebel t4i and other camera stuff - $700 (Greys creek)
Canon t4iEFS 17-85 with image stabilizer https://www.amazon.com/Canon-17-85mm-4-5-6-Stabilized-Digital/dp/B0002Y5WXO/ref=sr_1_1?ie=UTF8&qid=1472582522&sr=8-1&keywords=efs+17-85Lens hoodTripod (not pictured)2 batteries and chargerSd cardAmazon basics camera backpackKodak play with case and chargerSony Handycam with case and chargerEverything is in amazing condition.$660Or trade for:Interested in el
3 months ago
Fayetteville, NC
$250.00 1 year ago
Cannon Rebel XT - $250 (Battle Creek)
I have a very nice Cannon Digital Camera i am looking to get rid of, barely used and it comes with two different focus lenses and the travel case.Serious inquires only!With a 18-55 mm focus lense A 75-300 mm focus lense both cover caps for each,Battery cover and charger lense cleanimg liquid and brush and towels, 4 gig compact flash and case
1 year ago
Battle Creek, MI
$600.00 1 year ago
Canon EOS Rebel T2i 18 Mpixel Camera Package - $600 (Battle Creek)
Camera is in mint condition and price is firm.Includes the following items:Canon camera bag with shoulder strap; Camera Body; Canon EFS 18-55 mm lens; Canon EFS 55-250 lens; Rikinon Mirror 800 mm lens; Vivitar series 1 Flash with rotating head and bult in diffuser and reflector, and carrying case; Pro Digital lens hood; L-Type camera flash bracket; Vivitar hot shoe cord; remote camera shutter trig
1 year ago
Battle Creek, MI
Contact Us 1 year ago
Canon EOS Rebel t3 - $400 (Battle Creek)
I have a Canon T 3 Rebel that I don't use anymore only used it maybe 5-6 times it is practically brand new and also comes with a scan disk ultra 16 gigabyte memory card, 18- 55 mm lens, lens hood, battery, battery charger and wide angle lens and white balance cap and also have the original box with 3 software disks and manual, micro HDMI cable that hooks up from your camera to your laptop or TV so
1 year ago
Battle Creek, MI
Contact Us


text:
Home /
Our Sources / About Us
/ FAQs /
Advanced Search
Not what you're
looking for? Try an advanced search.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
September 22, 2009
KELLY ADAMS, PLAINTIFF,v.CANON USA, INC. DEFENDANT.
Plaintiff Kelly Adams ("Plaintiff" or "Adams") commenced this action alleging she was the victim of sex discrimination and retaliation and asserting claims pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000(e) et seq., and the New York Human Rights Law, N.Y. Exec. Law § 290 et seq.*fn1 Presently before the Court is the motion of defendant Canon USA, Inc. ("Defendant" or "Canon") for summary judgment. For the reasons set forth below, the motion is granted.
Factual Background
The following facts are undisputed*fn2 unless otherwise noted: Canon and its Sales Structure Canon sells and services Canon brand professional business and consumer imaging equipment and information systems, including printers, image filing systems, facsimile machines, cameras and other products. It is headquartered in Lake Success, New York and has regional offices throughout the United States. ( Def. Statement of Undisputed Material Facts Pursuant to Local R. 56.1 ("Def. 56.1") ¶ 1.*fn3 It maintains an equal employment opportunity policy which prohibits discrimination and harassment on the basis of sex and any other protected classification. The policy advises employees to report discrimination so that it can be appropriately dealt with and prohibits retaliation. Plaintiff received a copy of the policy at the commencement of her employment and participated in an orientation at which Canon's policies and procedures, including the non-discrimination policy, were reviewed. (Id. ¶¶ 2-7.)
Canon sells its products to various dealers (referred to as "channels"), which then sell the products to end-users. For example, Canon sold its copiers and related products to large dealers such as IKON Office Solutions and DANKA, and small dealers, such as Gordon Flesh Solutions and Datamax; these dealers, large and small, then sell the Canon products to end-users. Canon also sells its products to Canon Business Solutions, Inc. and its predecessors ("CBS"). CBS is a subsidiary of Canon, as well as a customer. (Def. 56.1 ¶ 12.)
Canon employs District Account Executives ("DAEs") in its various sales channels. The DAEs are responsible for assisting the dealers with their sales efforts. Each DAE services only the particular channel to which the DAE is assigned. For example, Canon has DAEs that service only IKON and those employees are part of Canon's IKON channel. Similarly, Canon had dedicated DAEs that serviced only DANKA as part of the DANKA sales channel, a separate "Independent Dealers" sales channel, and a separate CBS channel, each of which has its own dedicated DAEs and sales force. The DAEs are employees of Canon, not the customers they support, and their jobs are to educate and support Canon's customers, such as IKON, Danka, and CBS, in the sale of Canon's products. Every sales channel also has its own manager, to whom the DAEs for that particular channel report. (Def. 56.1 ¶¶ 13-17.)
Plaintiff's Employment With Canon and Promotion to the Position of DAE
Plaintiff commenced her employment with Canon on April 22, 1996. (Def. 56.1 ¶ 8.) She began as an Associate Field Instructor but was later promoted to Field Instructor and was based out of Canon's Jamesburg, New Jersey regional office. As a Field Instructor, Plaintiff trained Canon sales representatives, DAEs, and managers on how to use various products that Canon sold. (Id. ¶¶ 8-11.)
In or about June/July 2001, Plaintiff was asked by the manager (a male) of the DAEs in the CBS sales channel if she was interested in becoming a DAE for the CBS sales channel.*fn4 At that time, CBS was divided into four separate companies, each of which focused on different parts of the country: Canon Business Solutions-West, Inc. ("CBS-West"), Canon Business Solutions-Central, Inc. ("CBS-Central"), Canon Business Solutions-Northeast, Inc. (previously known as MCS Business Machines, Inc. ("MCS")) ("CBS-Northeast"), and Canon Business Solutions-Southeast, Inc. (previously known as Affiliated Business Solutions ("ABS"))("CBS-Southeast"). As their names suggest, CBS-West sold Canon products to the Western part of the United States, CBS-Central sold in the Central United States, CBS-Northeast sold in the Northeast United States and CBS-Southeast sold into the Southeast United States. Canon had an assigned DAE dedicated to support each of the four CBS companies along the same geographic lines and each DAE was responsible for servicing his/her own subsidiary region of CBS. The DAE position about which Plaintiff was approached was part of the Imaging System Group ("ISG") and was to service CBS-Southeast serving the Southeast United States. (Def. 56.1 ¶¶ 18-22.)
Plaintiff filled out a transfer application for the CBS-Southeast DAE position, was interviewed for the position, and ultimately started in the position on July 2, 2001. As DAE Plaintiff was still "based out of" the Jamesburg office, although she, like the other DAEs, worked primarily out of her residence with Canon-supplied computers, printers, and other needed office equipment. (Def. 56.1 ¶¶ 22-24; Sharp Dep. at 19-21.) At the time she was hired, Brian Herbert ("Herbert") was already the DAE for CBS-West, John Smith ("Smith") was already the DAE for CBS-Central, and CBS-Northeast was an open position. (Id. ¶ 25.) Herbert was based out of Gardenia, California, where CBS-West had its headquarters and was responsible for servicing the entire CBS-West region. Smith was based out of Schaumberg, Illinois, where CBS-Central had one of its offices and supported the entire CBS-Central region. At the time of Plaintiff's hire, all of the DAE's supporting the various CBS channels reported to Mr. Cooke ("Cooke"). (Id. ¶¶ 26-28.)
As DAE for CBS-Southeast, Plaintiff worked directly with Katherine Loftis Farrell, CBSSoutheast's Vice President of Marketing. (Def. 56.1 ¶ 33.)
The Hiring of Peter Sharp as DAE for CBS-Northeast
Peter Sharp ("Sharp") was hired by Canon as the DAE for CBS-Northeast on or about February 3, 2003.*fn5 He also reported to Mr. Cooke. Sharp was based out of Canon's Jamesburg, New Jersey office and supported the entire CBS-Northeast region, including its headquarters in New York City and the various paragon offices throughout the Northeast region. At the time of Sharp's hiring, CBS-Northeast's Vice President of Marketing was Thomas Martocci ("Martocci"). As the DAE servicing CBS-Northeast, Sharp worked directly with Martocci. Sharp knew Martocci prior to becoming a DAE. (Def. 56.1 ¶¶ 29-32.) Sharp had previously worked at CBS-Northeast in both a graphic sales position and a sales training position where he ultimately reported to Martocci. (Sharp. Dep. at 47.) Indeed, Martocci encouraged Sharp to apply for the Canon DAE position. (Def. 56.1 ¶ 32.)
CBS-Northeast and CBS-Southeast Merge to Form CBS-East, Inc.
In or about November 2003, CBS-Northeast and CBS-Southeast merged to form Canon Business Solutions-East, Inc. ("CBS-East") and Martocci became the Vice President of Marketing for CBS-East, which then encompassed the entire Eastern region of the United States, including both Sharp's northeast region and Plaintiff's southeast region. (Def. 56.1 ¶ 34.) Thus, Plaintiff began providing sales and marketing support services to Martocci instead of Loftis Farrell. (Id. ¶¶ 35-36.) As Vice President for Marketing for CBS-East, Martocci was the most senior level customer contact for Plaintiff and Sharp.*fn6 Martocci worked out of the Midtown Manhattan CBS-East office, which Sharp supported. While Plaintiff did not provide support to the CBS-East Midtown Manhattan office, except perhaps when covering for Sharp, after the formation of CBS-East she visited that office on a monthly basis to meet with Martocci regarding her Southeast region. (Id. ¶¶ 37-39.)
As the two DAEs for CBS-East, Plaintiff and Sharp continued to cover the geographic regions that they had prior to the merger. Plaintiff's coverage area was Burlington, New Jersey; Delmarva Branch in Wilmington, Delaware; Horsham Branch in Horsham, Pennsylvania; Philadelphia Branch in Philadelphia, Pennsylvania; Washington, D.C. branch in Arlington, Virginia; Baltimore Branch in Ellicot City, Maryland; Vienna Branch in Vienna, Virginia; Atlanta Branch in Norcross, Georgia; Orlando Branch in Orlando, Florida; Tampa Branch in Tampa, Florida; Miami/Ft. Lauderdale Branch in Weston, Florida; and Miami Branch in Miami, Florida.*fn7 Sharp's coverage area was Midtown Branch (which included Midtown East and Midtown West) in New York, New York; M031 Branch in New York, New York; Lake Success Branch, in Lake Success, New York; Paramus Branch in Paramus, New Jersey; Cranford Branch in Cranford, New Jersey; White Plains Branch in White Plains, New York; Pittsburgh Branch in Moon Township, Pennsylvania; Detroit Branch in Southfield, Michigan; and Cincinnati Branch in Mason, Ohio. In 2005, Sharp's Northeast territory represented 57% of the CBS-East sales revenue, while Plaintiff's southeast territory represented 43% of the sales revenue. (Def. 56.1 ¶¶ 41-42.)
Change in Canon Management for the CBS Sales Channel
In early 2004, Ms. Bernadette Piccione ("Piccione") replaced Cooke as manager for the CBS channel and thus became the manager of the CBS DAEs, to wit, Plaintiff, Smith, Herbert, and Sharp. (Def. 56.1 ¶ 44.) According to Plaintiff, sometime shortly before November 2005, Piccione told the CBS DAEs that the positions of all four DAEs were in jeopardy as a result of impending restructuring. (Adams Decl. at ¶¶ 10-12.) After Todd Pike*fn8 ("Pike") learned of this revelation, he reassured all four that their jobs were secure. In or about early November 2005, the four CBS DAEs learned in a conference call that Ms. Tracie Sokol ("Sokol") was replacing Piccione, at least temporarily, as manager for the CBS channel. Plaintiff was happy with Sokol's appointment as manager of the DAEs for the CBS channel because she had worked with her while a Sales Trainer in Marketing and they had a good relationship. (Def. 56.1 ¶¶ 45-48.)
In January 2006, Sokol met with the four DAEs servicing the CBS channel during a Canon national meeting held in Florida. At that time, she discussed her objectives and goals for the CBS DAE team, including the importance of communication by the DAEs with the client and with her, the importance of providing "value added" service, the type of support they were expected to provide, and the type of documentation she expected from the DAEs on a regular basis. She also presented a document which summarized how she viewed the role of the DAEs for the CBS channel. (Def. 56.1 ¶¶ 49-52.)
Decision to Restructure DAEs Supporting CBS-East
In early 2006, shortly after becoming the manager of Canon's CBS sales channel, Sokol looked at the DAEs supporting the CBS sales channel to determine whether the coverage strategy was being maximized. With the merger of CBS-Northeast and CBS-Southeast into CBS-East, Sokol felt that there was significant duplication of effort between the "Philadelphia" territory and the "New York" territory with two people calling on now a single Vice President of Marketing (Martocci) who was located in New York.*fn9 (Def. 56.1 ¶¶ 53-55.) Also, as both CBS-West and CBS-Central were staffed by one DAE each, Sokol believed that with the merger of CBS-Northeast and CBS-Southeast into one combined entity, CBS-East, it was appropriate to have only one DAE servicing CBS-East. Accordingly Sokol recommended, and Pike approved, the elimination of one of the two DAE positions supporting CBS-East. Sokol and Pike were the only two individuals who had any input regarding the restructuring of the DAE positions supporting CBS-East. (Id. ¶¶ 56-58.)
The Decision to Retain Sharp over Plaintiff as the DAE for CBS-East
The decision whether to retain Plaintiff or Sharp as the sole DAE supporting CBS-East was made by Sokol.*fn10 (Sokol Decl. ¶ 13.) Sokol did not consider Smith and Herbert in the termination decision since they were in different regions, supporting different companies, and at the time the decision was being considered did not overlap with Sharp or Plaintiff. (Def. 56.1 ¶ 60.) In deciding whether to retain Plaintiff or Sharp, Sokol evaluated their respective relationship with the customer, as well as what she knew of their respective experience and credentials. She also considered each individual's product knowledge, effectiveness and sales skills. She did not review either Sharp's or Plaintiff's personnel file. (Id. ¶ 62; Sokol Dep. 116-18.)
Sokol compared Plaintiff's and Sharp's interpersonal relationship with Martocci, the principal customer with whom they both had worked. Plaintiff found Martocci "harsh" in the way he spoke and complained that he "cursed" and would scream at those whose ideas he disagreed. Plaintiff explained to Sokol and Sharp that she felt uncomfortable by Martocci's style, but never suggested that his treatment of her was because of her sex. Sokol was aware that Plaintiff was uncomfortable in working with Martocci as Plaintiff had called Sokol on a couple of occasions regarding working with Martocci and told Sokol that Martocci intimidated her, yelled at her, and bullied her, and that she could not work with him comfortably.*fn11 Plaintiff admits that Martocci did not speak to her or treat her any differently than he treated Sharp; Martocci talked to both Plaintiff and Sharp in the same manner. Plaintiff also admits that she did not feel that Martocci's harsh manner had anything to do with the fact she was a woman and that he never made a negative or disparaging comment towards Plaintiff because she was a woman or about her being a woman. While Plaintiff's relationship with Martocci was initially very good, it became more gruff and Martocci yelled more after Piccione became Plaintiff's manager because he and Piccione did not get along with each other and his issues with Piccione may have spilled over to his relationship with Plaintiff. Sharp also witnessed Plaintiff's discomfort with Mr. Martocci's style. Plaintiff became flustered by Martocci and she told Sharp that Martocci made her nervous and she did not like him, in part because of his cursing. (Def. 56.1 ¶¶ 63-71.)
Sharp, in contrast, never complained of any difficulties or problems with Martocci's style. In fact, Sharp had previously worked for and reported*fn12 to Martocci when Sharp worked at a predecessor company of CBS-Northeast. Sokol noted that Sharp appeared to more effectively communicate with Martocci than Plaintiff. (Def. 56.1 ¶¶ 72-72.) For example, on March 28, 2006, Sharp forwarded via email a presentation to Martocci, on which he copied Sokol and others. Sokol subsequently forwarded that email to Plaintiff, asking whether she had a similar presentation for Martocci. Plaintiff advised Sokol she had not prepared such a presentation but could put one together. Sokol responded that "this is an example of the value we spoke about. [Sharp] prepared a review of what he did in the first quarter . . . . I am not sure how you communicate the same if you do not prepare this type of document. We discussed the need of keeping CBS in the loop of our activities regularly and getting their direction. This is probably a good basic way to . . . show [Martocci] and his group what you have been doing. . . ." (Ex. L to Kesselman Decl.; Def. 56.1 ¶¶ 75 & 76.) In considering the decision of whether to retain Plaintiff or Sharp, Sokol also casually communicated with Martocci to gauge his views of the two DAEs without advising him of the reason for her inquiry. The conversation confirmed that Sharp had a better relationship with Martocci and could be more effective in dealing with and servicing this customer. (Id. ¶ 78.)
Canon apparently has no policy that states that terminations will be based on length of service. (Def. 56.1 ¶ 82.) For purposes of benefits and other non-termination related issues, Canon calculates "length of service" as cumulative employment with Canon and any Canon affiliate. (Id. ¶ 82.) In making her determination Sokol checked Plaintiff's and Sharp's length of service with Cannon and its affiliates. Although Sharp was hired by Canon as a DAE on or about February 3, 2003, he had worked at MCS (the predecessor of CBS-Northeast and a Canon subsidiary) since January 1997. Taking into account that cumulative service, Sokol determined that their length of service was essentially the same; Sharp had nine and one half years of service (January 1997 to May 2006)*fn13 while Plaintiff had ten years of service (April 22, 1996 to May 2006).*fn14 (Id. ¶¶ 81, 83-84.)
Sokol also knew that Sharp had a lengthier background in sales, had previously worked for MCS/CBS-Northeast, and had some management and sales experience. (Def. 56.1 ¶ 85.) In fact, Sharp had nearly eleven years of sales experience including two and one half years of working in sales at MCS. (Id. ¶ 86.) As a result of having previously worked with Plaintiff, Sokol knew that Plaintiff's background at Canon was as a Field Instructor/Sales Trainer, which position focused on training sales representatives but not typically the direct sales of products. Prior to her Canon employment, Plaintiff's sales experience was limited to approximately two years as an Associate Account Representative for Xerox and three years as a Document Training Representative for Xerox, wherein Plaintiff's principal role was to sell training to a customer after the customer had already purchased a machine. (Id. ¶¶ 87-88.) Plaintiff admits that Sharp had longer and greater experience at direct sales than she, and that she did not know how her sales skills compared to Sharp's. (Id. ¶ 91.)
Finally, Plaintiff and Sharp had nearly identical performance ratings. They were both rated "Meets Expectations" in their 2004 and 2005 reviews.*fn15 (Def. 56.1 ¶ 92.)
Defendant contends that based on the above considerations Sokol chose to retain Sharp over Plaintiff for the CBS-East position and to terminate Plaintiff's employment in or around March 2006. However, because Sokol learned that Plaintiff's mother had passed away at approximately the same time, she decided to wait to advise Plaintiff of the decision until late May 2006. (De. 56.1 ¶ 93.) Plaintiff disputes this, referring to the fact that the only reason for plaintiff's termination on May 31, 2006 given by Sokol and Mindy Miller-Roesch ("Miller-Roesch"), a human resources person in attendance at the termination, was "duplication and consolidation." Plaintiff also contends that there was testimony that her position was not in jeopardy "through at least April 2006." (Pl. 56.1 at ¶ 93.)
Termination of Plaintiff's Employment
On or about May 26, 2006, Sokol called Plaintiff and asked her to attend a meeting at Canon's headquarters in Lake Success, where Sokol worked, on May 31, 2006. On May 31, 2006, Plaintiff, Sokol and Miller-Roesch met. Sokol and Miller-Roesch explained that the group was undergoing a restructuring, that there was overlap between Plaintiff and Sharp, and that, as a result, Plaintiff's employment was being terminated as part of this restructuring. Miller-Roesch then explained the different severances and other benefits available to Plaintiff and provided Plaintiff with a severance agreement. The severance agreement explicitly stated that Plaintiff was eligible for a severance package "as a result of a restructuring in the ISG division." (Def. 56.1 ¶¶ 94-97.) During the meeting Plaintiff asked why she was selected instead of Sharp, even though she had more tenure and supported Burlington. Sokol explained that Sharp was responsible for Manhattan, where Martocci was located. Plaintiff also asked during this meeting about a position previously held by a former DAE, Carl Dittman, which she thought was open. Miller-Roesch advised Plaintiff to contact Wendy Robinson ("Robinson"), the Human Resources representative for Jamesburg (out of which Mr. Dittman had been based) to ask her for any openings. Plaintiff did not ask Miller-Roesch if she could apply for this open position. During the meeting, Plaintiff did not accuse Sokol or Miller-Roesch of discrimination and does not even know whether she believed Sokol or Miller-Roesch retained Sharp because of his sex. (Id. ¶¶ 98-100.)
Plaintiff's Post-Termination Complaint of Discrimination
Plaintiff never complained about discrimination to Human Resources, Robinson, Miller-Roesch, Sokol or anyone else at Canon during her employment. (Def. 56.1 ¶ 101.) As noted earlier, she did complain to Sokol about the way Martocci spoke to her; however, she never claimed he spoke to her the way he did because of her sex. After her termination, on or about June 19, 2006, Plaintiff's attorney sent a letter to Miller-Roesch advising that he was retained "to attempt an amicable resolution of certain outstanding employment issues relating to [Plaintiff's] termination" and "rejecting the proposed terms and conditions offered under the 'Special Severance Notice' . . . ." The letter continues:
It is Ms. Adams' contention, amongst others, that your Company has discriminated against her on the basis of her sex, when other male employees with less experience and qualifications were retained in her stead. It is also Ms. Adams' contention that her termination was unlawful and in violation of Canon's policies and procedures.
Accordingly, Ms. Adams is seeking her full earned bonus, reinstatement to her former position or a similar position, as well as being made whole.
In the event that the foregoing is not acceptable, then contact the undersigned . . . by no later than July 7, 2006 to discuss an alternative amicable resolution(s).
Finally, please have all future communications regarding this matter forwarded through our offices.
(Ex. S to Kesselman Decl.; see also Def. 56.1 ¶¶ 102-03.)
Miller Roesch sent a copy of the letter to Canon's in-house counsel.*fn16 She also sent an email to her supervisor, the head of Human Resources, informing him that Canon had received Plaintiff's counsel's letter. No other individual was copied or blind copied on the letter. Miller-Roesch did not show the letter to anyone else at Canon, nor did she advise anyone else about it. Plaintiff did not tell anyone at Canon about her attorney's letter. (Def. 56/1 ¶¶ 104-08.)
At no time after her lawyer's June 16, 2006 letter did Plaintiff personally apply for or inquire about any open position with Canon. (Def. 56.1 ¶ 110.)
Post-Termination Events
Approximately four to five days after her termination on May 31, 2006, Plaintiff called Robinson and asked whether there were any openings.*fn17 Robinson advised her that there were not. Plaintiff did not ask if Mr. Dittman's position was still available. (Def. 56.1 ¶¶ 114-15.) At no time after this telephone conversation did Plaintiff personally contact anyone at Canon to follow-up on openings. No one at Canon ever told Plaintiff that if any opening came up she could not apply for it. Indeed, Plaintiff understood that if she did not sign the severance agreement she was provided with at the termination meeting, she would be permitted to apply for jobs at Canon or any of its affiliates. On or about July 5, 2006, Plaintiff went onto Canon's publicly available website and found a job posting for a DAE position at Canon that would be located out of "Jamesburg NJ CT MA." This position was not a CBS channel position. Plaintiff neither personally applied for this position nor called anyone at Canon to inquire about it. The position was filled in or about October 2006 by a woman, Mary Ann Fido, an external candidate. Similarly, another DAE position previously held by Mr. Dittman, of which plaintiff was aware, was also filled by a woman, Dori Cocoros, another external candidate, in or about March 2007. Plaintiff did not personally apply for this position either. (Def. 56.1 ¶¶ 116-22.) As to both these positions, Plaintiff asserts that she "applied' for them via her attorney's demand, in his letter of June 2006, that she be reinstated to her former position or a similar position. (Def. 56.2 ¶ 122; Pl. 56.1 ¶¶ 122, 136.)
After Plaintiff's termination, Sharp, as the exclusive DAE for CBS-East, began supporting all CBS-East locations, including the locations previously supported by Plaintiff. (Def. 56.1 ¶ 123.) He continued to support all of Plaintiff's territory until in or about January 2007 when, as discussed in more detail below, a DAE was hired to cover Georgia and Florida.*fn18
In June 2006, another restructuring took place at Canon, with the Office Products Division ("OPD") being eliminated and its responsibilities merged back into the Independent Dealers channel. Sokol had no knowledge of the OPD restructuring prior to learning of it in June 2006. Which is to say, she did not know of the restructuring at the time of Plaintiff's termination. (Def. ¶¶ 124-25.)
At the time of the restructuring, Alicata was the National Sales Manager for Canon's OPD and supervised approximately nine DAEs who supported OPD, including John Edwards ("Edwards") and Lisa Malone Beebe ("Beebe"). (Def. 56.1 ¶¶ 112, 126.) In connection with the elimination of the OPD Division, and at the instruction of Alicata's manager, Nancy Langdale, five of the nine DAEs supporting OPD were terminated. Of the remaining four, three, including Beebe, were transferred to the Independent Dealers channel. The fourth, Mr. Edwards, who was based out of Dallas, began supporting CBS-Central in the Texas area as part of the CBS sales channel. (Id. ¶ 127.) At approximately the same time, i.e., July 2006, Joseph Alicata ("Alicata") was transferred from OPD to become the National Sales Manager overseeing the DAEs supporting the CBS sales channel. As the manager of the CBS channel DAEs, he was responsible from that point through February 2008 for recommending who to hire as DAEs supporting the CBS channel. (Id. ¶ 112.) He reported to Sokol. Alicata never learned of the letter from Plaintiff's counsel or Plaintiff's EEOC complaint at any time prior to receiving a notice of deposition in the instant case. (Id. ¶ 113.)
At about the same time as the OPD restructuring, Uinta Business Systems, Inc. ("Uinta"), an independent dealer of printer products located in Salt Lake City, Utah and Las Vegas, Nevada was acquired and became part of the Canon Business Solutions family of companies. Prior to its acquisition, Uinta was part of the Independent Dealers sales channel. After its acquisition, Uinta became Canon Business Solutions-Mountain West Inc. ("CBS-Mountain") and Harry Bolter, who was the DAE that supported Uinta as part of the Independent Dealers sales channel, was transferred into the CBS channel in order to continue to support Uinta. He supported CBS-Mountain both in Utah and Nevada, as well as in Phoenix, Arizona, and Denver, Colorado. (Def. 56.1 ¶¶ 130-32.)
Canon did not recruit for the DAE positions within the CBS channel held by Bolter and Edwards, nor were they open positions that Canon had been seeking to fill; rather Bolter and Edwards became DAEs in the CBS channel as a result of their unique business circumstances. Neither Bolter nor Edwards had any responsibilities towards CBS-East or the regions Plaintiff previously supported. (Def. 56.1 ¶¶ 133-34.)
On or about July 19, 2006, a joint memorandum was issued by the then Executive Vice president and Chief Operating officer of Canon, together with the presidents of CBS-East, CBS-Central and CBS-West, announcing the aforementioned restructuring and listing the five DAEs now within the CBS Channel, to wit, existing DAEs Sharp, Smith, and Herbert, and transfer DAEs Bolter and Edwards. After learning of the expanded number of DAEs, Plaintiff did not personally call anyone at Canon and advise them of her interest in applying for one of the positions. (Def. 56.1 ¶¶ 135-36; Pl. 56.1 ¶ 136.)
Shortly thereafter, on or about July 28, 2006, Alicata prepared a requisition form to open a new DAE position within the CBS channel to cover Florida and Georgia locations. Canon posted and recruited for this position beginning in or about August 2006. (Def. 56.1 ¶ 137.) Beebe, who had worked with Alicata while in OPD and who had been moved to the Independent channel after the OPD restructuring, applied for the position, was interviewed by Alicata, who then determined she was the best candidate and recommended she be hired. She was hired and began her new duties in or about January 2007. (Id. ¶ 138.) Alicata's recommendation was approved by Sokol and Pike. When he recruited for this position, Alicata was not aware whether Plaintiff was interested in it or a similar position. Indeed, Plaintiff had and continued to have a good relationship with Alicata and believes he always treated her fairly; he never made any discriminatory or derogatory comments toward Plaintiff. (Id. ¶¶ 139-40.)
The only other DAE hired by Alicata was in or about February 2008 when he hired Joe Macfarlan, an outside candidate, as a DAE in the CBS channel based out of the Burlington, New Jersey area and responsible for supporting several of the CBS-East offices Plaintiff previously supported. The position was posted. Plaintiff did not personally apply for it. (Def. 56.1 ¶¶ 145-47; Pl. 56.1 ¶ 136.)
In January 2008, Christine Sedlacek ("Sedlacek") took over a portion of Alicata's responsibilities with respect to managing the group that supported the CBS channel. Alicata then moved to a different position in February 2008 at which time Sedlacek replaced Alicata as manager of that group. (Def. 56.1 ¶ 148.)
Institution of this Action
Plaintiff filed a Charge of Discrimination with the EEOC on October 10, 2006. The EEOC issued a right to sue letter on May 23, 2007. On August 22, 2007, Plaintiff filed the complaint in this case. (Def. 56.1 ¶¶ 180, 182.)
I. Summary Judgment Standard Summary judgment pursuant to Federal Rule of Civil Procedure 56 is only appropriate where admissible evidence in the form of affidavits, deposition transcripts, or other documentation demonstrates both the absence of a genuine issue of material fact and one party's entitlement to judgment as a matter of law. See Major League Baseball Props., Inc. v. Salvino, Inc., 542 F.3d 290, 309 (2d Cir. 2008); Viola v. Philips Med. Sys. of N. Am., 42 F.3d 712, 716 (2d Cir. 1994). The relevant governing law in each case determines which facts are material; "only disputes over facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgment." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986); see SCR Joint Venture L.P. v. Warshawsky, 559 F.3d 133, 137 (2d Cir. 2009); Coppola v. Bear Stearns & Co., 499 F.3d 144, 148 (2d Cir. 2007). No genuinely triable factual issue exists when the moving party demonstrates, on the basis of the pleadings and submitted evidence, and after drawing all inferences and resolving all ambiguities in favor of the non-movant, that no rational jury could find in the non-movant's favor. See SCR Joint Venture, 559 F.3d at 137; Chertkova v. Conn. Gen'l Life Ins. Co., 92 F.3d 81, 86 (2d Cir. 1996) (citing Fed. R. Civ. P. 56(c)).
To defeat a summary judgment motion properly supported by affidavits, depositions, or other documentation, the non-movant must offer similar materials setting forth specific facts that show that there is a genuine issue of material fact to be tried. See Rule v. Brine, Inc., 85 F.3d 1002, 1011 (2d Cir. 1996). The non-movant must present more than a "scintilla of evidence," Del. & Hudson Ry. Co. v. Cons. Rail Corp., 902 F.2d 174, 178 (2d Cir. 1990) (quoting Anderson, 477 U.S. at 252), or "some metaphysical doubt as to the material facts," Aslanidis v. U.S. Lines, Inc., 7 F.3d 1067, 1072 (2d Cir. 1993) (quoting Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586-87 (1986)), and cannot rely on the allegations in his or her pleadings, conclusory statements, or on "mere assertions that affidavits supporting the motion are not credible." Gottlieb v. County of Orange, 84 F.3d 511, 518 (2d Cir. 1996) (internal citations omitted). Affidavits submitted in opposition to summary judgment must be based on personal knowledge, must "set forth such facts as would be admissible in evidence," and must show that the affiant is "competent to testify to the matters stated therein." Patterson v. County of Oneida, 375 F.3d 206, 219 (2d Cir. 2004) (citing Fed. R. Civ. P. 56(e)). "Rule 56(e)'s requirement the affiant have personal knowledge and be competent to testify to the matters asserted in the affidavit also means that an affidavit's hearsay assertions that would not be admissible at trial if testified to by the affiant is insufficient to create a genuine issue for trial." Patterson, 375 F.3d at 219 (citing Sarno v. Douglas Elliman-Gibbons & Ives, Inc.,183 F.3d 155, 160 (2d Cir. 1999)).
When determining whether a genuinely disputed factual issue exists, "a trial judge must bear in mind the actual quantum and quality of proof necessary to support liability," or "the substantive evidentiary standards that apply to the case." Anderson, 477 U.S. at 254-55.
A district court considering a summary judgment motion must also be "mindful of the underlying standards and burdens of proof," Pickett v. RTS Helicopter, 128 F.3d 925, 928 (5th Cir. 1997) (citing Anderson, 477 U.S. at 252), because the evidentiary burdens that the respective parties will bear at trial guide the district court in its determination of a summary judgment motion. See Brady v. Town of Colchester, 863 F.2d 205, 211 (2d Cir. 1988). Where the non-moving party will bear the ultimate burden of proof on an issue at trial, the moving party's burden under Rule 56 will be satisfied if he can point to an absence of evidence to support an essential element of the non-movant's claim. See id. at 210-11. Where a movant without the underlying burden of proof offers evidence that the non-movant has failed to establish her claim, the burden shifts to the non-movant to offer "persuasive evidence that [her] claim is not 'implausible.'" Brady, 863 F.2d at 211 (citing Matsushita, 475 U.S. at 587).
In deciding a summary judgment motion, a court must resolve all factual ambiguities and draw all reasonable inferences in favor of the non-moving party. See Donahue v. Windsor Locks Bd. of Fire Comm'rs, 834 F.2d 54, 57 (2d Cir. 1987). That being said, it is well-established that a non-movant cannot defeat summary judgment with nothing more than "unsupported assertions," Goenaga v. March of Dimes Birth Defects Found., 51 F.3d 14, 18 (2d Cir. 1995), or the allegations in its pleadings. See Cifarelli v. Vill. of Babylon, 93 F.3d 47, 51 (2d Cir. 1996); see also Fed. R. Civ. P. 56(e). More particularly, although "summary judgment should be used sparingly" in cases where the material fact at issue is the defendant's intent or motivation, the plaintiff must nevertheless offer some "concrete evidence" in his favor, and is "not entitled to a trial simply because the determinative issue focuses upon the defendant's state of mind." Dister v. Cont'l Group, Inc., 859 F.2d 1108, 1114 (2d Cir. 1988). "The summary judgment rule would be rendered sterile . . . if the mere incantation of intent or state of mind would operate as a talisman to defeat an otherwise valid motion." Meiri v. Dacon, 759 F.2d 989, 998 (2d Cir. 1985). "[W]hen an employer provides convincing evidence to explain its conduct and the plaintiff's argument consists of purely conclusory allegations of discrimination, the Court may conclude that no material issue of fact exists and it may grant summary judgment to the employer." Williams v. City of New York, 2005 WL 839103, at *4 (S.D.N.Y. Apr. 15, 2005) (citing cases); see also Danzer v. Norden Sys., Inc., 151 F.3d 50, 54 (2d Cir. 1998) (Summary judgment is appropriate when there is "a lack of evidence in support of the plaintiff's position or the evidence [is] so overwhelmingly tilted in one direction that any contrary finding would constitute clear error."). To defeat summary judgment "the plaintiff's admissible evidence must show circumstances that would be sufficient to permit a rational finder of fact to infer that the defendant's employment decision was more likely than no based in whole or in part on discrimination." Stern v. Trustees of Columbia Univ., 131 F.3d 305, 312 (2d Cir. 1997).
II. The McDonnell-Douglas Burden-Shifting Methodology
Title VII of the Civil Rights Act of 1964 makes it "an unlawful employment practice for an employer . . . to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin." 42 U.S.C. § 2000e-2(a)(1) (West 1994). Within this provision, it is unlawful to "fail or refuse to hire" an individual based on the above categories. Id.
In McDonnell-Douglas Corporation v. Green, 411 U.S. 792, 802-04 (1973), the Supreme Court first enunciated the now-familiar "burden-shifting" formula used in analyzing Title VII employment discrimination claims based on indirect or circumstantial evidence. This standard was further refined in Texas Department of Community Affairs v. Burdine, 450 U.S. 248, 252-53 (1981) and St. Mary's Honor Ctr. v. Hicks, 509 U.S. 502, 506-11 (1993).
Under McDonnell-Douglas and its innumerable progeny, (1) a plaintiff must first establish a prima facie case of discrimination; (2) the burden then shifts to the employer to articulate a legitimate, nondiscriminatory reason for its actions; if the employer does so, the McDonnell-Douglas framework and its presumptions and burdens disappear, leaving the sole remaining issue of "discrimination vel non," and thus (3) the burden shifts back to the plaintiff to prove that the employer's stated reason is merely pretextual and that discrimination was an actual reason for the adverse employment action. See Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133, 143 (2000). Although intermediate evidentiary burdens shift back and forth under this framework, "[t]he ultimate burden of persuading the trier of fact that the defendant intentionally discriminated against the plaintiff remains at all times with the plaintiff." Id.
To establish a prima facie case of discrimination, a plaintiff must show that:
(1) she belonged to a protected class, (2) was qualified for the position she held or sought, and (3) suffered an adverse employment action (4) under circumstances giving rise to an inference of discriminatory intent. Terry v. Ashcroft, 336 F.3d 128, 138 (2d Cir. 2003). The burden of establishing a prima facie case of employment discrimination has been described as "modest," Viola v. Philips Med. Sys. of N. Am., 42 F.3d 712, 716 (2d Cir. 1994), or even "minimal." Roge v. NYP Holdings, Inc., 257 F.3d 164, 168 (2d Cir. 2001). It is a burden of production, not persuasion, and involves no credibility assessments. Reeves, 530 U.S. at 143.
Likewise, the employer's burden of showing a legitimate non-discriminatory reason for its actions is not a particularly steep hurdle. It is not a court's role to second-guess an employer's personnel decisions, even if foolish, so long as they are non-discriminatory. See Seils v. Rochester City Sch. Dist., 192 F. Supp. 2d 100, 111 (W.D.N.Y. 2002) (citing, inter alia, Meiri, 759 F.2d at 995 (2d Cir. 1985)), aff'd, 99 Fed. Appx. 350 (2d Cir. 2004). Federal courts do not have a "roving commission to review business judgments," Montana v. First Fed. Sav. & Loan Ass'n of Rochester, 869 F.2d 100, 106 (2d Cir. 1989) (quoting Graefenhain v. Pabst Brewing Co., 827 F.2d 13, 21 n.8 (7th Cir. 1987)), and may not "sit as super personnel departments, assessing the merits - or even the rationality - of employers' non-discriminatory business decisions." Mesnick v. General Elec. Co., 950 F.2d 816, 825 (1st Cir. 1991). Thus, "[e]vidence that an employer made a poor business judgment generally is insufficient to establish a question of fact as to the credibility of the employer's reasons." Dister v. Continental Group, Inc., 859 F.2d 1108, 1116 (2d Cir. 1988).
In order to demonstrate that the employer's stated non-discriminatory reasons for the allegedly discriminatory action are pretextual, "[a] plaintiff is not required to show that the employer's proffered reasons were false or played no role in the employment decision, but only that they were not the only reasons and that the prohibited factor was at least one of the motivating factors." Cronin v. Aetna Life Ins. Co., 46 F.3d 196, 203 (2d Cir. 1995). A discrimination claimant may show pretext by demonstrating "such weaknesses, implausibilities, inconsistencies, incoherences, or contradictions in the employer's proffered legitimate reasons for its action that a reasonable factfinder could rationally find them unworthy of credence and hence infer that the employer did not act for the asserted non-discriminatory reasons." Bombero v. Warner-Lambert Co., 142 F. Supp. 2d 196, 203 n.7 (D. Conn. 2000) (quoting Anderson v. Coors Brewing Co., 181 F.3d 1171, 1179 (10th Cir. 1999),and citing Olson v. Gen. Elec. Astrospace, 101 F.3d 947, 951-52 (3d Cir. 1996)), aff'd, 9 Fed. Appx. 38 (2d Cir. 2001).
However, to rebut an employer's proffered non-discriminatory rationale for its actions and withstand summary judgment, a plaintiff must present more than allegations that are "conclusory and unsupported by evidence of any weight." Smith v. Am. Exp. Co., 853 F.2d 151, 154-55 (2d Cir. 1988). "To allow a party to defeat a motion for summary judgment by offering purely conclusory allegations of discrimination, absent any concrete particulars, would necessitate a trial in all Title VII cases." Meiri, 759 F.2d at 998.
III. Sex Discrimination
The parties do not dispute that Plaintiff has satisfied the first three elements of a prima facie case, i.e. she belongs to a protected class, was qualified for the position she held, and suffered an adverse employment action. They do dispute whether the circumstances surrounding Plaintiff's termination give rise to an inference of discriminatory intent. Plaintiff points to the fact that she "was let go while a male DAE was retained, who initially took over her duties." Defendants maintain there is no evidence that raises an inference of discrimination.
Although courts generally begin their analysis of a discrimination claim with an inquiry into whether a plaintiff has shown a prima facie case, "the issues surrounding the prima facie inquiry and those surrounding the pretext inquiry are not easily distinguishable, despite the apparent rigidity of the burden-shifting formula. Instead, the bottom line in a Title VII summary judgment motion is, simply, whether plaintiff has presented sufficient evidence from which a reasonable trier of fact could determine that defendants discriminated against [him.]" Goldman v. Admin. for Children's Servs., 2007 WL 1552397, at *5 (S.D.N.Y. May 29, 2007). Therefore, the Court shall presume that Plaintiff has established a prima facie case and, since Defendant has articulated a legitimate, non-discriminatory reason for its decision to terminate her employment, proceed directly to the bottom line inquiry.
Viewing the evidence in the light most favorable to Plaintiff, the Court concludes that there is insufficient evidence to permit a reasonable trier of fact to find that the Defendant's decision to terminate Plaintiff was discriminatory and, accordingly, Defendant is entitled to summary judgment.
Plaintiff relies heavily upon the fact she, a female, was terminated while the three DAEs retained were male. The evidence is clear, however, that the question was not which one of the four CBS DAEs should be terminated. Rather the question was whether Plaintiff or Sharp should be terminated in view of the consolidation of CBS-Northeast and CBS- Southeast into CBS-East. The DAEs for CBS-West and CBS-Central never entered into the equation and there is no evidence to suggest that the reason they did not was the result of any discriminatory animus. Rather, the core, uncontested evidence makes clear that the reorganization resulting in CBS-East did not impact their territory or, more importantly their principal client contacts. Rather, the reorganization resulting in CBS-East impacted only Plaintiff and Sharp and therefore the decision was whether to retain either Sharp, a male, or Plaintiff, a female. In view of this limited universe, the fact that a male was retained over Plaintiff provides no evidence of discriminatory intent given the other attendant facts and circumstances present. See Faldetta v. Lockheed Martin Corp., 2000 WL 1682759, at *7 (S.D.N.Y. Nov. 9, 2000). The decision to terminate Plaintiff was based on the relative sales skills she and Sharp possessed. Sharp admittedly had longer and greater sales experience than Plaintiff. See Cramer v. Fedco Auto. Components Co., 2005 U.S. Dist. LEXIS 43933, * 40 (W.D.N.Y. Apr. 12, 2005) (where affected department consisted of three individual, one female and two males, termination of female did not reflect discriminatory animus given needs of department and female's more limited skills). As the Second Circuit has noted in analogous circumstances, "when a plaintiff seeks to prevent summary judgment on the strength of a discrepancy in qualification ignored by an employer . . . the plaintiff's credentials would have to be so superior to the credentials of the person selected for the job that no reasonable person in the exercise of impartial judgment could have chosen the candidate selected over the plaintiff . . . ." Byrnie v. Town of Cromwell Bds. of Educ., 243 F.3d 93, 103 (2d Cir. 2001) (citation omitted) (failure to promote case). Having reviewed the credentials of Plaintiff and Sharp, there is no objectively unreasonable disparity as would support an inference of pretext. Cf. Ellenbogen v. Projection Video Servs., 2001 U.S. Dist. Lexis 8852, at *23 (S.D.N.Y. June 29, 2001).
Defendant also considered Plaintiff's and Sharp's relationship with Martocci. Plaintiff admittedly had problems with Martocci's rough manner. She even complained to Sokol about what she describes as his "abusive, bullying and harassing conduct." (Pl.'s Mem in Opp. at 5 (citing Adams Dep. at 168-69).) Plaintiff, however, never claimed that Martocci's conduct was discriminatory or that his harassment was motivated by her gender. Indeed, she concedes that he spoke to Sharp, a male, in the same manner. As Plaintiff's complaints about Martocci did not avert to gender, Defendant's consideration of Plaintiff's and Sharp's working relationship with Martocci raises no inference of discriminatory intent. Cf. Bickerstaff v. Vassar College, 196 F.3d 435, 452 (2d Cir. 1999) ("Title VII is not a general civility code") (internal quotations omitted); Galdieri-Ambrosini v. Nat'l Realty & Dev. Corp., 136 F.3d 276, 292 (2d Cir. 1998) (as plaintiff's complaints did not avert to gender, defendant could not have retaliated against her for complaining of gender discrimination); Taylor v. Family Residences and Essential Enter., 2008 WL 268801, at *10 ("unfair, overbearing, or annoying treatment of an employee standing alone does not violate Title VII") (internal quotations omitted).
The Court also notes that the person who made the decision, or at the very least the recommendation, to terminate Plaintiff and who reviewed the relative qualifications of Sharp and Plaintiff and their respective relationship with Martocci, the senior customer contact was a woman, Sokol. The fact that the decisionmaker is a member of Plaintiff's protected class not only weakens any suggestion of discrimination but "strongly suggest[s] that invidious discrimination is unlikely . . . ." Grady v. Affiliated Cent. Inc., 130 F.3d 553, 560 (2d Cir. 1997); see Mathews v. Atria Huntington, 499 F. Supp. 2d 258, 267-68 (E.D.N.Y. 2007); Zuffante v. Elderplan, Inc., 2004 WL 744858, at *6 (S.D.N.Y. Mar. 31, 2004); Pisana v. Merrill Lynch & Co., 1995 WL 438715, at * 5 (S.D.N.Y. July 24, 1995).
Moreover, Plaintiff does not allege that any discriminatory remarks were ever made. (Def. 56.1 ¶ 152.) Plaintiff concedes that neither Sokol, Pike, Alicata, Bamba nor Martocci ever make any discriminatory comments towards her because she was a woman or about being a woman. Nor did she hear anyone else at Canon make such remarks. (Id. ¶¶ 153-56.) Plaintiff claims to have heard only the following three comments but admits none of them were discriminatory or made to or about the individual because she was a woman. Twice, Smith referred to Piccione as a "bitch" but Plaintiff admits that the comments represented only a personality conflict. (Id. ¶¶ 157-59.) The only other comment was that Piccione told Plaintiff that Martocci and two other employee of CBS-East had bet on her clothing because Plaintiff always wore black and white, and called her "goth." Plaintiff admits that "goth" is a fashion style, that she wears black and white quite a bit, that the comment was not about her being a woman, and that she was not aware of any comment by Martocci that disparaged Plaintiff because she was a woman. (Id. ¶¶ 160-61.)
Plaintiff was also never denied a promotion and it was Alicata, a male, who solicited her to apply for the position of DAE. (Def. 56.1 ¶ 163.) Plaintiff admits that she had worked with Sokol in the past, had a good relationship with her, never had any problems with her, and was happy with Sokol's appointment as her manager. Similarly, Plaintiff never had any problems with Pike or Alicata. Plaintiff admits that Cooke, her first manager while a DAE, was replaced by a woman, who was replaced by another woman; and that she knows of several women who were hired as DAEs. (Id. ¶¶ 149-51, 163.)
Although Plaintiff suggested in her deposition that she had to work harder than her male colleagues as she was responsible for a larger territory which required more overnight stays, she admits that she does not believe she was given that territory because she was a woman. She also admitted that other than allegedly having to stay overnight more often than Sharp, Smith, and Herbert, her job was no harder than theirs. In fact, whoever held the DAE supporting the southeast region of CBS-East would have to travel, irrespective of gender and as the DAE responsible for the southeast region, Plaintiff was the person responsible for supporting new branches that opened within that region. (Def. 56.1 ¶¶ 164-66.) That Plaintiff's territory required more overnight stays does not give rise to an inference of discrimination.
Plaintiff also suggests that she should have been given the opportunity to compete for the position of manager for the CBS channel in June 2006, the position Alicata received, and that the failure to give her an opportunity to compete suggests discrimination. She admits that she was never a National Accounts Manager, a manager of sales at an organization, or a manager of DAEs for CBS. Alicata, on the other hand, had previously managed DAEs supporting the CBS customer beginning in approximately 1997, having worked as a National Sales Manager managing DAEs in other business lines, including OPD, and having managed sales organizations for approximately nine years prior to becoming the manager for the CBS sales channel in June 2006. Plaintiff also admits that she was unaware of whether Sharp or Smith were asked to interview for the job as manager of the CBS channel, but knows that Herbert was not asked to interview for the position. In fact, none of the remaining DAEs were considered or asked to become manager of the CBS channel. Plaintiff provides no evidence that she personally applied for the position of manager nor even that she had indicated an interest in moving to a managerial position at any time prior to her termination. (See Def. 56.1 ¶¶ 167-71.) In view of the above evidence, Canon's failure to consider Plaintiff for the position of manager does not permit an inference of discrimination.
Plaintiff points to her conversation with Martocci on March 15, 2006 as evidence of discriminatory intent. In that conversation, Martocci told her that another male employee, Andy Bartolosi, the DAE supporting DANKA, wanted her job. Plaintiff admits, however, that Martocci had no authority to hire Bartolozzi to replace her. In fact Bartolosi was not hired. According to Plaintiff, Martocci mentioned this topic only once and did not focus on the fact that Bartolozzi was a male but rather on the fact that this person allegedly wanted her job. (Def. 56.1 ¶¶ 167-68.) The mere fact that someone else who happened to be male expressed an interest in her job or even undertook steps to get her job does not give rise to an inference of discrimination.
Plaintiff also maintains that the hiring of "new" DAEs after her termination is sufficient to permit an inference of discrimination. Plaintiff focuses principally on the fact that shortly after her termination a DAE position to cover Florida and Georgia locations was posted for Florida and Georgia locations. This evidence is insufficient to permit an inference of discrimination. It is undisputed that the position was filled by Beebe, a female, who had worked with Alicata while in OPD and who had been moved to the Independent channel after the OPD restructuring. In an effort nullify the fact that the position was filled by a female, Plaintiff points out that Beebe was not hired until after she filed her EEOC complaint. Nonetheless, the Court is unpersuaded that scenario gives rise to a material issue of fact in view of the evidence that other females were hired as DAEs, to wit, Mary Ann Fido was hired as a DAE in October 2006 and Dori Cocoros was hired in March 2007 to fill the position left vacant by Carl Dittman's departure. See generally Pasha v. William M Mercer Consulting, Inc., 2004 U.S. Dist LEXIS 1226, at *20-21 (S.D.N.Y. Feb. 3, 2004)("in determining whether discrimination was a motivating factor for an adverse employment decision, evidence of employer's non-discrimination should be considered as well") (citing St. Mary's Honor Ctr. v. Hicks, 509 U.S. 502, 513-14 (1993)). Perhaps the result would be different had Plaintiff submitted evidence that the choice was between Beebe and one or more male candidates and Beebe was unqualified or significantly less qualified, but Plaintiff has not done so.
Turning then to the addition of Edwards and Bolter as DAEs supporting the CBS channel, no inference of discrimination arises therefrom given the undisputed facts surrounding their appointments. It is undisputed that Bolter was transferred to the CBS channel because Uinta, which he had supported as DAE when it was part of the independent channel, was acquired by CBS. His transfer allowed him to continue to support Uinta. Edwards was transferred to the CBS channel when OPD was eliminated. The fact that a male, Edwards, was transferred to another position when his job was eliminated, but Plaintiff, a female, was not does not give rise to an inference of discriminatory intent. It is undisputed that the elimination of OPD resulted in the termination of five of the nine DAEs supporting OPD. The remaining four, including Beebe, a female, were transferred. See generally id.
Inasmuch as there is insufficient evidence to permit a rational trier of fact to conclude that Defendant's termination of Plaintiff was discriminatory, Defendant's motion for summary judgment is granted on the discrimination claim.
IV. Retaliation
A. The Standard
Title VII "forbids an employer to retaliate against an employee for, inter alia, complaining of employment discrimination prohibited by Title VII." Kessler v. Westchester County Dep't of Soc. Servs., 461 F.3d 199, 205 (2d Cir. 2006) (citing 42 U.S.C. § 2000e-3(a)). Claims of retaliation pursuant to Title VII are analyzed according to the burden-shifting framework set forth in McDonnell Douglas. See Terry v. Ashcroft, 336 F.3d 128, 141 (2d Cir. 2003)
"In order to present a prima facie case of retaliation under Title VII . . . , a plaintiff must adduce 'evidence sufficient to permit a rational trier of fact to find [1] that []he engaged in protected participation or opposition under Title VII, [2] that the employer was aware of this activity, [3] that the employer took adverse action against the plaintiff, and [4] that a causal connection exists between the protected activity and the adverse action, i.e., that a retaliatory motive played a part in the adverse employment action.'" Id. at 205-06 (brackets in original) (quoting Cifra v. G.E. Co., 252 F.3d 205, 216 (2d Cir. 2001)).
The first element of the prima facie standard requires that Plaintiff have taken "action . . . to protest or oppose statutorily prohibited discrimination." Cruz, 202 F.3d at 566; see Taylor, 2008 WL 268801, at *13. This includes, for example "informal protests of discriminatory employment practices, including making complaints to management, writing critical letters to customers, protesting against discrimination by industry or society in general, and expressing support of co-workers who have filed formal charges." Sumner v. United States Postal Serv., 899 F.2d 203, 209 (2d Cir. 1990); see Cruz, 202 F.3d at 566. Indeed, Title VII's protection against retaliation extends to an employee who speaks out about discrimination not on her own initiative, but in answering questions during an employer's internal investigation "if for no other reason than . . . '[w]hen an employee communicates to her employer a belief that the employer has engaged in a form of employment discrimination, that communication 'virtually always' constitutes the employee's opposition to the activity.' " Crawford v. Metro. Gov't of Nashville and Davidson County Tennessee, 129 S.Ct. 846, 851 (2009) (ellipses in original omitted). In order to satisfy this prong of a retaliation claim, the plaintiff need only have a good faith reasonable belief that he was opposing an employment practice made unlawful by Title VII." Kessler, 461 F.3d at 210; see Everson v. New York City Transit Auth., 2007 WL 539159, at *27 (E.D.N.Y. Feb. 16, 2007) ("protected activity . . . refers to any action taken to oppose statutorily prohibited discrimination"). Additionally, "in satisfying the knowledge requirement, only general corporate knowledge that the plaintiff engaged in a protected activity is necessary." Id.
Viewing the evidence in the light most favorable to Plaintiff, as the Court must, there is sufficient evidence that Adams engaged in protected activity. The letter from Adam's attorney, as well as Adams' complaint to the EEOC, constitute protected activity. See Lamberson v. Six West Retail Acquisition Inc., 122 F. Supp. 2d 502, 511 (S.D.N.Y. 2000) ("Protected oppositional activities include informal as well as formal complaints and complaints to management"); cf. Crawford, 129 S.Ct. at 851. Plaintiff maintains that the adverse employment action she suffered was Canon's failure to rehire her into any of the DAE positions that became available after her termination. There is no dispute that Plaintiff was not hired into any of these positions.
Turning then to the issue of a causal link, Plaintiff maintains that this element is satisfied because her protected activity, which occurred in June 2006 (her attorney's letter) and again in October 2006 (the filing of her EEOC complaint), was closely followed by the discriminatory treatment. It is true that "proof of causation may be shown . . . indirectly, by showing that the protected activity was followed closely by discriminatory treatment . . . ." Gordon v. New York City Bd. of Educ., 232 F.3d 111, 117 (2d Cir. 2000). Here, however, no such causal link may be drawn. As Defendant aptly points out, Plaintiff never applied for any of the DAE positions that because available after her termination. The Court rejects Plaintiff's argument that since her counsel's letter sought her job or a similar position, the eventual hiring of additional DAEs between June 2006 and October 2006, positions for which plaintiff was qualified but not considered, was retaliatory. It would be unwise and unsound for this Court to hold that an attorney's letter charging discrimination and demanding the client's return to the same or similar position constitutes an application to any position for which the client might be qualified. To do so would place an unwarranted burden on employers, especially employers such as Canon who make no representations to those whose positions are eliminated as to eligibility for rehire or priority consideration for open positions. As Plaintiff failed to submit applications for any of these DAE positions, her retaliation claim fails. Cf. Brown v. Coach Stores, 163 F.3d 706, 710 (2d Cir. 1998) ("[A] plaintiff [must] allege that she or he applied for a specific position or positions, and was rejected therefrom, rather than merely asserting that on several occasions she or he generally requested promotion."); Morris v. Ales Group USA, Inc., 2007 U.S. Dist. LEXIS 47674, at *25-26 (S.D.N.Y. June 28, 2007) (plaintiff's claims that there were positions that she "expressed her interest and/or qualifications for" and that she had "expressed an interest in anything that her resume listed" was not a substitute for applying to position); see also Jones v. Western Suffolk BOCES, 2008 U.S. Dist. LEXIS 13077, at *30-31 (E.D.N.Y. Feb. 20, 2008), aff'd, 2009 U.S. App. LEXIS 17125 (2d Cir. Aug. 3, 2009).
Plaintiff also claims that not considering her for the new Regional Field Analysts ("RFAs") positions suggests retaliatory discrimination for her engagement in protected activity.
In or about December 2006, RFAs were added to the CBS sales channel. Prior to that time, they did not report to the managers of the DAEs, but instead comprised a separate group within Canon, reporting to their own manager who was responsible for hiring RFAs. (Def. 56.1 174, 179.) RFAs are product experts with very high technical backgrounds and networking capability. Unlike DAEs, who focus more on coordinating activities, launches, open house support, sales calls and other areas in which a dealer needs support, RFAs are specialists brought in to advise customers with respect to integrated sales that require more expertise in systems and IT infrastructure. (Id.¶ 175.) Plaintiff never worked as an RFA at Canon and never personally applied to any RFA position at Canon. Neither Sokol nor Alicata was aware of any interest by Plaintiff in any RFA position. (Id. ¶¶ 177-78.)
The evidence is insufficient to permit the trier of fact to conclude that Defendant's failure to consider her for these new RFA positions was in retaliation for her protected activity. First, Plaintiff points to no evidence that she was qualified, i.e. that she had expertise in systems and IT infrastructure. Second, she never personally applied for these positions.
The motion for summary judgment on Plaintiff's retaliation claim is granted.
V. The New York State Human Rights Law Claims
Plaintiff also claims that Canon violated the NYSHRL by engaging in discrimination and retaliation. These claims too must fail.
Discrimination and retaliation "claims under the NYSHRL are analyzed identically to claims under . . . Title VII" and "the outcome of an employment discrimination claim made pursuant to the NYSHRL is the same as it is under . . . Title VII." Smith v. Xerox Corp., 196 F.3d 358, 363 n.1 (2d Cir. 1999); accord Schiano v. Quality Payroll Sys. Inc., 445 F.3d 597, 609 (2d Cir. 2006). Thus, NYSHRL claims are generally considered "in tandem" with Title VII claims, see Leopold v. Baccarat, Inc., 174 F.3d 261, 264 n.1 (2d Cir. 1999), and a district court need not explicitly evaluate a plaintiff's NYSHRL claims where it has thoroughly analyzed the plaintiff's Title VII claims. Smith, 196 F.3d at 363 n.1. In the present case, as Plaintiff has failed to present sufficient evidence to permit the trier of fact to conclude that Canon engaged in discrimination or retaliation under Title VII, she has ipso facto failed to present sufficient evidence to permit the trier of fact to conclude that Canon engaged in discrimination or retaliation under the NYSHRL as well. Summary judgment is granted in favor of Canon on the NYSHRL claims.
For the reasons set forth above, Defendant's motion for summary judgment is granted. The Clerk of Court is directed to close this case.
Dated: Central Islip, New York September 22, 2009
Denis R. Hurley Senior District Judge
Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
LRC, Inc. About Us


text: × Please take a short survey to help us improve our data-related literature resources. Search Results Studies Variables Publications (1) Your query returned 1 citations. Sort by: Pub Date (newest) Title Recent Additions Author Clear All Pub. Year Citation 1. 2000 Sternfeld, Barbara, Cauley, Jane, Harlow, Sioban, Liu, Gao, Lee, Marion . Assessment of Physical Activity with a Single Global Question in a Large, Multiethnic Sample of Midlife Women. American Journal of Epidemiology. 152, (7), 678-687. Full Text Options: DOI Worldcat Google Scholar Export Options: RIS EndNote XML Results 1 - 1


text:
Danni B.
Nanny in San Diego, CA 92106.
Looking for part-time work as a nanny.
Enhanced Background Check not run.
Enhanced Background Check(Not Run)
Basic Background Check not run.
Basic Background Check(Not Run)
Motor Vehicle Records Check not run.
Motor Vehicle Records Check(Not Run)
San Diego, CA
- Age 25
- 5 years paid experience
- Female
Last signed in: More than 6 months
Preferred Rate $15-$20 per hour
Danni's Bio
I'm 23 years old and just moved here from Washington State about a month ago. I have a degree from a four year University and have lots of experience with kids. I currently work full-time for St. Vincent De Pauls as a case manager but am looking to find another job that works with my schedule.
Age Specific Experience
5 years of paid child care experience with:
- First year
- Toddlers (1 to 3 years)
- Preschooler (3 to 5 years)
- Grade School (6 to 11 years)
Availability & Job Preferences
Availability Duration
Willing to consider working as a live in care provider
- Permanent (1 to 2 years)
Job Duration
- Will consider a part time position
- Start date is flexible
My availability is valid through 12/16/14
- Weekday Evenings
- Weekends Daytime
- Weekends Evenings
Skills & Abilities
Additional Services:
- Meal Preparation
- Laundry
- Willing to drive children to events, school, appointments, or carpooling
- Homework Help


text:
Necessities: 4.1 and up
Outline: Fight for equity as the best military craftsman ever – BRUCE LEE!
Rout a huge number of foes with intense assaults in stunning, relentless, 2-D activity.
Triumph is readily available!
You are the Master
Play with the mark style and sounds bona fide to the unparalleled BRUCE LEE.
Natural Gameplay
Use basic swipe mechanics to punch or hop kick your adversaries while landing huge COMBOS.
40 Action-Packed Levels
Fight the BOSS in the wake of pounding your way through swarms of colleagues – while sparing your companions and accomplishing different OBJECTIVES along the way.
Unleash the FURY!
Energize FURY MODE to convey a progression of assaults with blinding rate and enormous power!
Need A Boost?
Begin the level with an exceptional force up like NUMBING PAIN to triumph over your adversaries.
Apparatus Up!
Open strong weapons, similar to the NUNCHAKU, and other unique things as you pick up experience.
Continuance Mode
Set yourself up to confront unlimited adversaries while climbing worldwide LEADERBOARDS for the most K.O.'s.
Get compensated with the Daily Challenge
Play consistently to get your Daily Reward by beating our inexorably troublesome difficulties.
BRUCE LEE: ENTER THE GAME is the main authoritatively authorized computer game affirmed by the Bruce Lee Estate.
This application has standard notices
More Info:
Download apk + obb data
Incoming search terms:
- bruceele fight game apk ver 2 0
- putra adam bruce lee mod apk unlimited coin
- download Bruce Lee enter the game mod APK
- bruce lee mod offline
- bruce lee game cracked version
- bruce lee enter the game hack version with unlimited coins and time apk file free download
- bruce lee enter the game full mode plus hack apk download
- Bruce Lee enter the game apk unlimited mod
- bruce lee enter the dragon hacked version
- bruce lee enter the (money or gold) mod game download


text:
JUST IN! Courtney Thorpe is Miss World Australia 2014! Courtney is Erin Holland's Successor. She will represent Australia at Miss World 2014 this December in UK. Miss World 2014, will be the 64th edition of the Miss World pageant held on December 14 at ExCeL London in London, UK. Megan Young of the Philippines will crown her successor at the end of the event.
Courtney Thorpe's reaction after her crowning "Still waiting for someone to tell me it was all just a dream! Thank you firstly to the other incredible contestants for making the entire past week unforgettable, I hope I will do the class of MWA 2014 proud!"
Her favorite Miss Universe Australia is Jennifer Hawkins -also known to be Miss Universe 2004-. She really admires how well she used that opportunity to really make a name for herself in both the modeling industry and in business.
"I'm not the absolute skinniest girl in the world. I do have curves, and it's all about accepting yourself for who you are. Whether that is skinny, whether that is curvy, just accepting yourself for who you are and really flaunting that." – Courtney Thorpe


text:
Eleanor Roosevelt's Passionate Love Letters To Lorena Hickok
The First Lady, who was born on October 11, 1884, became a subject of controversy when people suspected she was romantically involved with journalist Lorena "Hick" Hickok. While the two never publicly addressed their relationship, their letters did nothing to dispel rumors.
1. March 5, 1933: Eleanor to Hick, on the first evening after FDR's inauguration
Hick my dearest—
I cannot go to bed tonight without a word to you. I felt a little as though a part of me was leaving tonight. you have grown so much to be a part of my life that it is empty without you, even though I'm busy every minute.
[details of day deleted]
Oh! darling. I hope on the whole you will be happier for my friendship. I felt I had brought you so much discomfort and hardship today & almost more heartache than you could bear & I don't want to make you unhappy—All my love I shall be saying to you over thought waves in a few minutes.
Good night my dear one
Angels guard thee
God protect thee
My love enfold thee
All the night through
Always yours
2. March 6, 1933: Eleanor to Hick
Hick, darling
Ah, how good it was to hear your voice. It was so inadequate to try and tell you what it meant. Funny was that I couldn't say je t'aime and je t'adore as I longed to do, but always remember that I am saying it, that I go to sleep thinking of you.
3. March 7, 1933: Eleanor to Hick
Hick darling,
All day I've thought of you & another birthday I will be with you, & yet tonite you sounded so far away & formal. Oh! I want to put my arms around you. I ache to hold you close. Your ring is a great comfort to me. I look at it and think she does love me, or I wouldn't be wearing it.
4. December, 1933: Hick to Eleanor
I've been trying to bring back your face — to remember just how you look. Funny how even the dearest face will fade away in time. Most clearly I remember your eyes, with a kind of teasing smile in them, and the feeling of that soft spot just north-east of the corner of your mouth against my lips.
5. Date not provided: Eleanor to Hick
I wish I could lie down beside you tonight & take you in my arms.
6. Date not provided: Hick to Eleanor after a long separation
Only eight more days … Funny how even the dearest face will fade away in time. Most clearly I remember your eyes, with a kind of teasing smile in them, and the feeling of that soft spot just north-east of the corner of your mouth against my lips.
Nearly 300 of Eleanor and Hick's love letters can be found in Empty Without You: The Intimate Letters of Eleanor Roosevelt and Lorena Hickok.
(H/T BrainPickings)
- Chancellor Angela Merkel of Germany has for the first time said that she backs proposals for a partial ban on burqas.
- The US Department of Justice will keep defending Muslims under Donald Trump, top Obama administration officials said Monday.
- The UK prison service is suppressing evidence of corruption among its guards, fueling violence behind bars.
- Nordstrom is selling a stone wrapped in a leather case for $85 and people are…confused ⁉😂


text:
Q & A: Jon Seda on 'Chicago P.D.' and Trying Not to Be Stereotyped
It seems like Jon Seda has been working non-stop in television since I first saw him on NBC's Homicide. From that classic show, he moved...
Natalie Portman: "I think you can't judge your character when you play her, or else you wouldn't be able to"
Portman speaks about the challenges with playing the famous First Lady.
Aaron Eckhart: "I have a saying: 'If you're sweating, you're doing it wrong'"
"People ask me, 'Why aren't you sweating?' And I say, 'Because I am making myself effortless.' The physical is key." - Aaron Eckhart
Anna Kendrick on Why She Became a Actress and How She Got Her Role in 'Up in the Air'
"It became the way that I learn about myself and the way that I learn about other people." - Anna Kendrick on Acting
Viola Davis on Returning to 'Fences': "It was a chance and an opportunity to fix some things I never got right on stage"
"You know when you're not getting it right, you know when you're coasting." - Viola Davis
Nicole Kidman on Roles She Turned Down: "It's just the journey"
"You're meant to play certain things and if it's meant to be, then it just kind of happens." - Nicole Kidman