Vasquez v. Caterpillar Logistics, Inc. et alMOTION for Summary JudgmentN.D. Ind.March 27, 201738270166v.1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA LAFAYETTE DIVISION CARLOS VASQUEZ, Plaintiff, v. CATERPILLAR LOGISTICS, INC. and EA STAFFING SERVICE, INC., Defendants. Case No. 1:15-cv-00398 DEFENDANT CATERPILLAR LOGISTICS, INC.’S MOTION FOR SUMMARY JUDGMENT Pursuant to Fed. R. Civ. P. 56 and N.D. Ind. L.R. 7-1 and 56-1, Defendant Caterpillar Logistics, Inc. (“Caterpillar”) moves for summary judgment on all claims stated against it in Plaintiff Carlos Vasquez’s (“Vasquez”) complaint. In support of its motion, Caterpillar states: 1. On December 27, 2015, Vasquez filed a complaint alleging that Caterpillar discriminated against him on the basis of his age, race, color, and sex in violation of the ADEA, Title VII, and Section 1981. 2. Vasquez was represented by counsel during discovery but he is now proceeding pro se. Vasquez took no depositions and never responded to Caterpillar’s written discovery requests. 3. Aside from the bare bones allegations in his complaint, Vasquez has set forth no evidence from which he could state an actionable age, race, color, or sex discrimination claim USDC IN/ND case 1:15-cv-00398-TLS document 34 filed 03/27/17 page 1 of 3 2 38270166v.1 pursuant to the ADEA, Title VII, or Section 1981. Vasquez’s discrimination claims fail because he cannot establish prima facie case or pretext. His sex discrimination claim fails for the additional reasons that he failed to include it in his underlying EEOC charge, and he abandoned it under oath during his deposition. 4. For these reasons and those discussed in greater detail in Caterpillar’s contemporaneously filed memorandum in support of its motion for summary judgment, Caterpillar respectfully requests that the Court grant its motion for summary judgment on all claims and causes of action brought against it by Vasquez. Respectfully submitted, CATERPILLAR INC. By ___s/Jason M. Torres One of Its Attorneys Jason M. Torres SEYFARTH SHAW LLP 233 South Wacker Drive, Suite 8000 Chicago, Illinois 60606 (312) 460-5984 March 27, 2017 USDC IN/ND case 1:15-cv-00398-TLS document 34 filed 03/27/17 page 2 of 3 3 38270166v.1 CERTIFICATE OF SERVICE I, Jason M. Torres, an attorney, do hereby certify that I have caused a true and correct copy of the foregoing Defendant Caterpillar’s Motion for Summary Judgment to be filed electronically with the United States District Court for the Northern District of Indiana and served upon the following, by U.S. Mail on this 27th day of March, 2017: Carlos Vasquez 1010 Cumberland Avenue Apartment 331 West Lafayette, IN 47906 s/Jason M. Torres Jason M. Torres USDC IN/ND case 1:15-cv-00398-TLS document 34 filed 03/27/17 page 3 of 3
