Belew v. Seco Architectural Systems, Inc. (Twp2)

MOTION for Summary Judgment

E.D. Tenn.March 3, 2017

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TENNESSEE KNOXVILLE DIVISION ROBBIE DALE BELEW Plaintiff, v. SECO ARCHITECTURAL SYSTEMS, INC., Defendant. ) ) ) ) ) ) ) ) ) ) ) Case No. 3:16-cv-00214 Judge Phillips Magistrate Judge Guyton DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Pursuant to Fed. R. Civ. P. 56, Defendant SECO Architectural Systems, Inc. (“SECO” or “Defendant”) respectfully requests that the Court grant summary judgment its favor, and dismiss the Complaint in its entirety. Plaintiff Robbie Dale Belew (“Mr. Belew” or “Plaintiff”) brings a claim of age discrimination under Tennessee Human Rights Act (“THRA”). However, Mr. Belew has failed to produce any evidence from which a jury could conclude that that age was the “but for” cause of his termination. The record shows that Mr. Belew was terminated for lack of work, and that his prior duties were assumed by colleagues who were not substantially younger than him. Mr. Because Mr. Belew cannot make a prima facie case of age discrimination and cannot rebut SECO’s legitimate, non-discriminatory reason as pretext, his claim must be dismissed as a matter of law. In support of this Motion, SECO contemporaneously files a Memorandum of Fact and Law and the following exhibits: Case 3:16-cv-00214-TWP-HBG Document 14 Filed 03/03/17 Page 1 of 3 PageID #: 79 2  Exhibit A – Deposition of Plaintiff Robbie Dale Belew;  Exhibit B – Declaration of Joseph Creighton; and  Exhibit C – Declaration of Troy Strickland. WHEREFORE SECO respectfully requests that the Court dismiss Plaintiff’s claims for age discrimination, and for such other relief as the Court deems just and equitable. Respectfully submitted, /s/ Shana G. Fonnesbeck J. Christopher Anderson, Bar No. 019279 chrisanderson@littler.com Shana G. Fonnesbeck, Bar No. 029162 sfonnesbeck@littler.com LITTLER MENDELSON, P.C. 333 Commerce Street, Suite 1450 Nashville, TN 37201 Telephone: 615.383.3033 Facsimile: 615.383.3323 Attorneys for Defendant SECO Architectural Systems, Inc. Case 3:16-cv-00214-TWP-HBG Document 14 Filed 03/03/17 Page 2 of 3 PageID #: 80 3 CERTIFICATE OF SERVICE I hereby certify that on this 3rd day of March, 2017, the foregoing was filed electronically through the ECF system, is available for viewing and downloading from the ECF system and will be sent electronically to the registered participants identified on the Notice of Electronic Filings, including Plaintiff’s counsel of record as follows: David H. Dunaway David H. Dunaway & Associates 100 S. Fifth Street PO Box 280 LaFollette, TN 37766 /s/ Shana G. Fonnesbeck Shana G. Fonnesbeck Case 3:16-cv-00214-TWP-HBG Document 14 Filed 03/03/17 Page 3 of 3 PageID #: 81