United States District Court, N.D. Texas, Fort Worth Division
MEMORANDUM OPINION AND ORDER
McBRYDE United States District Judge.
for consideration the motion of defendant, Charter
Communications, LLC, for summary judgment. The court, having
considered the motion, the response of plaintiff, Alicia
Montes-Saavedra, the reply, the record, the summary judgment
evidence, and applicable authorities, finds that the motion
should be granted.
filed her original complaint on July 13, 2017.
1, In it, she alleged:
began working for defendant on or about January 25, 2013.
Doc. 1 ¶ 5. On several occasions, from June 2014 through
October 2014, Troy Hopson ("Hopson") would hug and
rub on plaintiff's lower back. Plaintiff asked Hopson to
stop, but he would not. Id. ¶ 6. During this
same time, Glen Moore ("Moore") would say things
like, "you can come and sit on my lap" and
plaintiff would tell him to stop. Id. ¶ 7.
During the week of October 17, 2014, Moore said "nice
view" while standing behind plaintiff, looking down at
her as she sat at her desk. Id. ¶ 8. Plaintiff
went to the director of human resources, Maria Cicconi
("Cicconi") with "this report of
harassment" on October 17, 2014, and was told that all
plaintiff did was complain. Id. ¶ 9. Plaintiff
was written up on October 21, 2014, for supposed
insubordination, and refused to sign the write up.
Id. ¶ 10. On October 27, 2018, plaintiff was
fired and told it was due to job performance. Id.
¶ 11. The reason for her termination was pretextual.
Id. ¶ 12.
says that she is suing for sex discrimination, creating a
hostile work environment, and retaliation. Id.
¶ 4. She also says that defendant's actions amount
to intentional infliction of emotional distress. Id.
of the Motion
maintains that plaintiff cannot raise a genuine issue of
material fact as to any of the claims asserted by her.
Summary Judgment Principles
56(a) of the Federal Rules of Civil Procedure provides that
the court shall grant summary judgment on a claim or defense
if there is no genuine dispute as to any material fact and
the movant is entitled to judgment as a matter of law.
Fed.R.Civ.P. 56(a); Anderson v. Liberty Lobby, Inc.,
477 U.S. 242, 247 (1986}. The movant bears the initial burden
of pointing out to the court that there is no genuine dispute
as to any material fact. Celotex Corp. v. Catrett,
477 U.S. 317, 323, 325 (1986). The movant can discharge this
burden by pointing out the absence of evidence supporting one
or more essential elements of the nonmoving party's
claim, "since a complete failure of proof concerning an
essential element of the nonmoving party's case
necessarily renders all other facts immaterial."
Id. at 323. Once the movant has carried its burden
under Rule 56(a), the nonmoving party must identify evidence
in the record that creates a genuine dispute as to each of
the challenged elements of its case. Id. at 324;
see also Fed.R.Civ.P. 56(c) ("A party asserting
that a fact ... is genuinely disputed must support the
assertion by . . . citing to particular parts of materials in
the record . . . ."). If the evidence identified could
not lead a rational trier of fact to find in favor of the
nonmoving party as to each essential element of the nonmoving
party's case, there is no genuine dispute for trial and
summary judgment is appropriate. Matsushita Elec. Indus.
Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 597
(1986). In Mississippi Prot. & Advocacy
Sys., Inc. v. Cotten, the Fifth Circuit explained:
Where the record, including affidavits, interrogatories,
admissions, and depositions could not, as a whole, lead a
rational trier of fact to find for the nonmoving ...