United States District Court, M.D. Tennessee, Nashville Division
REPORT AND RECOMMENDATION
JEFFERY S. FRENSLEY United States Magistrate Judge
matter is before the Court upon Defendant's “Motion
to Dismiss the Complaint or, in the Alternative, for Summary
Judgment.” Docket No. 36. Defendant has also filed a
Supporting Memorandum (Docket No. 37) and a “Statement
of Material Facts in Support of Motion for Summary
Judgment” (Docket No. 38). The pro se Plaintiff has not
responded to the Motion.
filed this case on December 6, 2016, alleging that she was
discriminated against while working as a temporary employee
of the United States Postal Service on the basis of race and
sex, in violation of Title VII of the Civil Rights Act of
1964 (“Title VII”). Docket No. 1, p. 1-2.
Plaintiff contends that Defendant impermissibly
“terminated Plaintiff's employment, ”
“retaliated against Plaintiff for having filed a charge
of discrimination, ” and “filed [sic] to
reinstate/contract after [Plaintiff] was to be promoted
within 8 months due to contract provision for PSEs.”
Id. at 3.
Local Rules 7.01(b) and 56.01(c) and (g)
Rule 7.01(b) states, in pertinent part:
Each party opposing a motion shall serve and file a response,
memorandum, affidavits and other responsive material not
later than fourteen (14) days after service of the motion,
except, that in cases of a motion for summary judgment, that
time shall be twenty-one (21) days after service of the
motion, unless otherwise ordered by the Court. Failure to
file a timely response shall indicate that there is no
opposition to the motion.
filed the instant Motion on April 5, 2017. Docket No. 36.
Plaintiff has failed to respond to Defendant's Motion.
with respect to Motions for Summary Judgment specifically,
Local Rules 65.01(c) and (g) state, in pertinent part:
c. Response to Statement of Facts.
Any party opposing the motion for summary judgment must
respond to each fact set forth by the movant by either (i)
agreeing that the fact is undisputed; (ii) agreeing that the
fact is undisputed for the purpose of ruling on the motion
for summary judgment only; or (iii) demonstrating that the
fact is disputed. Each disputed fact must be supported by a
citation to the record. . . .
. . .
g. Failure to Respond.
Failure to respond to moving party's statement of
material facts, or a non-moving party's statement of
additional facts, within the time periods provided by these
Rules shall indicate that the asserted facts are not disputed
for the purposes of summary judgment.
has failed to respond to Defendants' Statement of
Material Facts or file her own Statement of Material Facts.
Pursuant to Local Rule 56.01(g), Plaintiff's failure to
respond indicates “that the asserted facts are not
disputed for the purposes of summary judgment.”
Although Plaintiff is proceeding pro se (pro se pleadings
should be held to less stringent standards, see, e.g.,
Williams v. Curtin, 631 F.3d 380 (6th Cir. 2011)), pro
se litigants are not exempt from the requirements of the
Federal Rules of Civil Procedure. Wells v. Brown,
891 F.2d 591, 594 (6th Cir. 1989). Accordingly, there are no
genuine issues as to any material fact, and all that remains
to be determined is whether Plaintiff is entitled to a
judgment as a matter of law.
Motion for ...