Crowley v. Napolitano

Defendant: Janet A. Napolitano
Plaintiff: Kate S. Crowley
Case Number: 1:2013cv01634
Filed: March 12, 2013
Court: New York Southern District Court
Office: Foley Square Office
County: XX Out of State
Presiding Judge: Ronnie Abrams
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42:2000 Job Discrimination (Sex)
Jury Demanded By: Plaintiff

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Date Filed#Document Text
March 31, 2015 65 Opinion or Order of the Court OPINION AND ORDER re: 42 MOTION for Summary Judgment. filed by Janet A. Napolitano. Although this Court is hesitant to grant summary judgment in Title VII cases, recognizing that it must do so sparingly, here it is compelled to do so. The Co urt does not doubt the sincerity of Plaintiff's belief that she was unfairly treated. Indeed, there is no disagreement here that Plaintiff worked for an organization where those creating the work schedules--the WCD OPS team-- were afforded si gnificant discretion. With such discretion comes the risk of favoritism, including favoritism in the way schedules are assigned. Even accepting that there was such favoritism, however, for the reasons the Court has attempted to explain, what is mis sing in this record is any evidence that any alleged favoritism resulted in material disparities that manifested along gender lines. In other words, Plaintiff has failed to adduce sufficient evidence to establish a prima facie case of discrimina tion and retaliation under Title VII. Accordingly, Defendant's motion for summary judgment must be GRANTED. The Clerk of Court is respectfully directed to terminate the motion pending at Dkt. 42, and to close this case. (Signed by Judge Ronnie Abrams on 3/31/2015) (lmb)

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Defendant: Janet A. Napolitano
Represented By: Heather D. Graham-oliver
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Plaintiff: Kate S. Crowley
Represented By: Joy M. Bertrand
Represented By: Joy Malby Bertrand
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