Under these circumstances, no reasonable juror could find that Mendon treated its employees disparately on the basis of race.
Plaintiffs also allege, without any support, that Mendon altered the video surveillance tapes to delete material showing a Caucasian employee, identified by plaintiffs as Greg Ricardo, also taking gasoline. Ricardo, according to plaintiffs, was not fired despite his misconduct. However, plaintiffs have failed to offer any evidence to support this tampering claim and affidavits submitted on behalf of Mendon deny such allegations; indeed, Ricardo's name was not mentioned by either plaintiff during their depositions. Furthermore, Liva's affidavit states that Ricardo did not even work on the same shift as plaintiffs and therefore could not have been on the tape. Liva also affirms that there was no tampering with the videotape.
Although plaintiffs allege that an employee of Mendon made racial remarks to them when they returned to pick up some tools from the garage, this contention is insufficient to defeat the summary judgment motion. Even if such remarks were made, Mendon has submitted affidavits stating that this employee had no part in deciding whether or not to fire plaintiffs, and that the alleged statements were made after plaintiffs were dismissed.
Summary judgment in favor of Mendon is therefore appropriate because plaintiffs have failed to put forth adequate evidence to raise a triable issue on whether race was a "substantial motivating reason" for Mendon's decision to terminate their employment. Fields, 115 F.3d at 121.
For the foregoing reasons, the Court grants Mendon's motion for summary judgment in respect to the Title VII and § 1981 claims. Since the sole source of federal jurisdiction over this case was Rose and Sterling's Title VII and § 1981 claims, the Court declines to exercise supplemental jurisdiction over their remaining state law claims. 28 U.S.C. § 1367(c)(3) (district courts may decline supplemental jurisdiction where "the district court has dismissed all claims over which it has original jurisdiction"); see Choe v. Fordham Univ. Sch. of Law, 81 F.3d 319, 319 (2d Cir. 1996). Accordingly, the Court dismisses plaintiffs' complaint in its entirety.
United States District Judge
DATED: Brooklyn, New York
July 18, 1997