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Garrett v. Brennan

United States District Court, M.D. Tennessee, Nashville Division

September 14, 2017

BERTISTE GARRETT, Plaintiff,
v.
MEGAN J. BRENNAN, POSTMASTER GENERAL UNITED STATES POSTAL SERVICE, Defendant.

          Trauger Judge

          REPORT AND RECOMMENDATION

          JEFFERY S. FRENSLEY United States Magistrate Judge

         This 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.

         Plaintiff 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.

         LAW AND ANALYSIS

         A. Local Rules 7.01(b) and 56.01(c) and (g)

         Local Rule 7.01(b) states, in pertinent part:

b. Response.
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.

         Defendant filed the instant Motion on April 5, 2017. Docket No. 36. Plaintiff has failed to respond to Defendant's Motion.

         Additionally, 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.

         Plaintiff 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.

         B. Motion for ...


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