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April 30, 2001


The opinion of the court was delivered by: Scullin, Chief Judge.



Plaintiff commenced this action on October 26, 1994 against her former employer, Comprehensive Analytical Group, Inc. ("CAG"), and various CAG employees alleging that, because of her gender, she was subjected to discriminatory treatment in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. § 2000 et seq.

Presently before the Court is Defendants' motion for summary judgment pursuant to Rule 56(c) of the Federal Rules of Civil Procedure.*fn1 Plaintiff did not file any papers in opposition to this motion.


Plaintiff began working for CAG on a part-time basis in 1991. In 1992, she began full-time employment with the company, which continued until she resigned from her position in April 1994. See Transcript of the Deposition of Kimberly Allen Hanson, sworn to Sept. 18, 2000 ("Allen Dep."), at 30. Plaintiff owned twelve of CAG's 200 shares. See id. at 23-24. Plaintiffs father, Richard Allen ("R.Allen"), also owned shares of CAG and in 1993-1994, he served as the vice president of the company and was on the board of directors. See id. at 24; Transcript of the Deposition of Richard Allen, sworn to Sept. 21, 2000 ("R. Allen Dep."), at 7.*fn2

Defendant Robert Boulware was the President of CAG and also held shares in the company. See Complaint at ¶ 7. Defendant James Sutton was the Director of Field Personnel for CAG, and Defendant James Espiritu was the Assistant Laboratory Director. See id.

Plaintiff filed her EEOC complaint on April 26, 1994. See Defs' Exh. D. Plaintiff alleges that the discriminatory conduct at issue occurred from 1992 through 1994 and contends that during that period of time Defendants engaged in the following allegedly discriminatory activities: (1) they refused to compensate her for overtime or vacation, see Allen Dep. at 25; (2) they docked her pay on holidays, see id.; (3) Espiritu grabbed her feet, hair and hands on numerous occasions and followed her, see id. at 25, 44, 46; (4) Boulware called her names such as a "snot," a "spoiled brat," and a "little bitch," see id. at 25, 8687; (5) Sutton called her names such as a "little bitch," "snot" and "brat," see id. at 26; (6) Jack Ryan, a co-worker, referred to her as "missy," "cookie" and "sweetie," see id. at 28-29; (7) Sutton and Boulware did not respond to her complaints about Espiritu, see id. at 51-52, 54-56; (8) Boulware told Plaintiff that "women are inferior," see Complaint at ¶ 11; (9) they assigned her to perform menial tasks which male employees were not required to perform, see id. at ¶ 12:(10) a male employee who performed the same duties as Plaintiff was provided with a larger salary, see id. at ¶ 14; and (11) they did not permit Plaintiff to attend a training course because she was a female, see id. at ¶ 24.

Defendants eventually moved to dismiss Plaintiffs complaint for failure to prosecute pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. In an Order dated July 26, 2000, the Court denied Defendants' motion, re-opened discovery for a period of sixty days and provided the parties with sixty days after the close of discovery to file motions. Subsequent to the issuance of that Order, a discovery dispute arose between the parties. A conference was held in Chambers on October 10, 2000; and the Court, once again, ordered that the discovery period be re-opened until October 24, 2000 and further ordered that the parties had sixty days after the discovery period closed to file motions pursuant to Local Rule 7.1(b).


A. Standard of Review

Under Rule 56(c) of the Federal Rules of Civil Procedure, summary judgment is warranted if, when viewing the evidence submitted, including the pleadings, depositions, answers to interrogatories and affidavits, in the light most favorable to the non-moving party, the Court determines that there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. See Fed.R.Civ.P. 56(c); Eastman Kodak Co. v. Image Technical Servs., Inc., 504 U.S. 451, 456, 112 S.Ct. 2072, 119 L.Ed.2d 265 (1992); Raskin v. Wyatt Co., 125 F.3d 55, 60 (2d Cir. 1997); Commander Oil Corp. v. Advance Food Serv. Equip. ., 991 F.2d 49, 51 (2d Cir. 1993). A genuine issue of fact exists when the evidence is such that a "reasonable jury could return a verdict for the nonmoving party." Rovtar v. Union Bank of Switz., 852 F. Supp. 180, 182 (S.D.N.Y. 1994) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202, 212 (1986)). Moreover, in determining whether such a fact question exists, the Court must draw all reasonable inferences in favor of the non-moving party. See Schwapp v. Town of Avon, 118 F.3d 106, 110 (2d Cir. 1997).

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