Truitt v. Salisbury Bank & Trust Co.

Truitt v. Salisbury Bank & Trust Co.

Opinion

OPINION & ORDER

NELSON S. ROMÁN, United States District Judge

Plaintiff William Gunnar Truitt ("Plaintiff' or "Truitt") commenced this action against Defendants Salisbury Bank and Trust Company and Salisbury Bancorp, Inc. ("Defendants" or the "Bank") on or about August 21, 2018 in the Supreme Court of the State of New York, Dutchess County. (ECF No. 1-1.) Plaintiff alleges that Defendants retaliated against him and wrongfully terminated his employment due to his political activities, in violation of New York Labor Law ("N.Y.L.L.") § 201-d. (Id.) On September 14, 2018, Defendants removed this action from state court pursuant to 28 U.S.C. §§ 1332, 1441, and 1446. (ECF No. 1.)

Before the Court is Defendants' motion for summary judgment dismissing Plaintiff's complaint. (ECF No. 47.) For the following reason, [*2]  Defendants' motion is GRANTED.

BACKGROUND

In moving for summary judgment, Defendants submitted a Local Rule 56.1 Statement of Undisputed Facts (the "56.1 Statement") and accompanying declarations and exhibits. (See Defs.' 56.1 Statement of Undisputed Facts ("Defs. 56.1"), ECF No. 47-3.) Plaintiff did not submit an appropriate response to Defendants' 56.1 Statement, instead providing his own exhibits and a declaration that, in part, challenges certain representations in Defendants' 56.1 Statement and their opening memorandum of law, often without any citation to the record. (See Decl. of R. Lower ("Lower Decl."), ECF No. 48-1; Lower Decl. Ex. 13 ("Truitt Decl.").)

Local Civil Rule 56.1 provides that "[u]pon any motion for summary judgment," the moving party shall annex "a separate, short and concise statement, in numbered paragraphs, of the material facts as to which the moving party contends there is no genuine issue to be tried." Local Civil Rule 56.1(a). The party opposing the motion is then to "include a correspondingly numbered paragraph responding to each numbered paragraph in the statement of the moving party, and if necessary, additional paragraphs containing a separate, short and concise statement of additional material facts." Id. 56.1(b). [*3]  "Each statement by the movant or opponent . . . including each statement controverting any statement of material fact, must be followed by citation to evidence which would be admissible." Id. 56.1(d). If the opposing party fails to submit a responsive statement, then the facts set forth in the moving party's 56.1 statement are deemed admitted. Id. 56.1(c); see Cress v. Wilson, No. 06 Civ. 2717(JGK), 2008 U.S. Dist. LEXIS 104714, 2008 WL 5397580, at *5 (S.D.N.Y. Dec. 29, 2008) (citing Holtz v. Rockefeller & Co., Inc., 258 F.3d 62, 73 (2d Cir. 2001)). The district court "has broad discretion to determine whether to overlook a party's failure to comply with local court rules." Holtz, 258 F.3d at 73.

Because Plaintiff failed to comply with Local Rule 56.1, the Court will deem as admitted those facts set forth in Defendants' 56.1 Statement, to the extent they are supported by the record. Nevertheless, to ensure an accurate recital of the facts, the Court engaged in its own independent review of the record, including documents, declarations, and testimony submitted by the parties. Thus, the following facts are drawn from both Defendants' 56.1 Statement and admissible evidence and testimony in the record. The facts are undisputed unless otherwise noted.

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