Pate v. Med. Diagnostic Labs. L.L.C.

Pate v. Med. Diagnostic Labs. L.L.C.

Opinion

ORDER

This matter is before the court on defendant's motion for summary judgment (DE 39). The motion has been briefed fully, and the issues raised are ripe for ruling. For the following reasons, the motion is granted.

STATEMENT OF THE CASE

Plaintiff commenced this action on July 9, 2019, by filing a verified complaint against defendant, her former employer, asserting claims disability discrimination, sex discrimination, retaliation, and wrongful discharge, under the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12112 and 12117 ("ADA"); Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. ("Title VII"); the Equal Pay Act of 1963, 29 U.S.C. § 206(d)(1) ("Equal Pay Act"); and North Carolina law. Plaintiff seeks declaratory and injunctive relief; compensatory and punitive damages; and costs, fees, and interest.

Following defendant's answer and a period of discovery,¹ defendant filed the instant motion for summary judgment [*2]  on August 14, 2020. In support of the motion, defendant relies upon a statement of facts and the following materials: 1) excerpts of plaintiff's deposition with exhibits thereto; 2) excerpts of the deposition of Michael Greco ("Greco"), plaintiff's former supervisor, with exhibits thereto; and 3) declarations of Valarie Tharnish ("Tharnish") and Jessica Hendrix ("Hendrix"), employees of defendant, with exhibits thereto.

Plaintiff responded in opposition on October 7, 2020, relying upon an opposing statement of material facts and the following materials: 1) plaintiff's verified complaint; 2) additional excerpts of depositions of plaintiff and Greco; 3) plaintiff's affidavit; 4) affidavit of Weston K. Williamson ("Williamson"), former employee of defendant; 5) exhibits to plaintiff's deposition and the Greco deposition, including: a) a map of plaintiff's sales territory; b) a "Sales Performance Improvement Plan" for plaintiff; c) email correspondence between defendant's employees; d) an email from plaintiff to her counsel; e) a Wikipedia entry regarding Hurricane Florence; and f) defendant's responses to plaintiff's interrogatories. Defendant replied in support of the instant motion on [*3]  October 19, 2020.

STATEMENT OF FACTS

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