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WEISS v. COCA-COLA BOTTLING CO.

September 3, 1991

BONITA L. WEISS, Plaintiff,
v.
COCA-COLA BOTTLING COMPANY OF CHICAGO, and JERRY LAWRENCE, in individual and corporate capacity, Defendants



The opinion of the court was delivered by: DUFF

 BRIAN BARNETT DUFF, UNITED STATES DISTRICT JUDGE

 Bonita Weiss filed a complaint against Coca-Cola Bottling Co. and Jerry Lawrence in March of this year, alleging violations of Title VII and the Equal Pay Act. The defendants have moved to dismiss the complaint or, in the alternative, for summary judgment. For the reasons stated below, this court grants in part and denies in part defendants' motion.

 Background

 Ms. Weiss worked for a time for the Chicago Coca-Cola Bottling Plant (Coca-Cola). She alleges that while she worked there she was subjected to sexual discrimination (she was paid less than men in the same or comparable positions) and sexual harassment (her boss demanded sexual favors in return for job security and/or advancement). Ms. Weiss eventually left her position with Coca-Cola (involuntarily, according to the complaint) and filed claims with the Illinois Department of Human Rights (IDHR) against Coca-Cola for sexual discrimination and against her supervisor, Jerry Lawrence, for sexual harassment.

 DISCUSSION

 The defendants raise several arguments in support of their motion. This court will address each in turn.

 1. Jury Demand

 Ms. Weiss has demanded a jury. To the extent that demand extends to Count 1, her Title VII claim, it is stricken. Title VII does not confer a right to a jury trial.

 2. Timeliness

 Coca-Cola claims that this court must dismiss Ms. Weiss' claim against it because she filed it after the statutory deadline. This argument involves facts outside those alleged in the complaint. Defendants state, in their motion to dismiss, that they attached exhibits to the motion and that, "because matters outside the Complaint are submitted in support of this Motion, this Motion may be treated by the Court as a Motion for Summary Judgment." This court, while appreciative of defendants' largesse, notes that their motion and the papers submitted with it are not in compliance with either federal or local procedural rules governing summary judgment motions. Fed.R.Civ.P. 56(c) permits the court to consider "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any . . . ." Defendants did not authenticate any of the "exhibits" they attached to their motion with affidavits, as R. 56(c) requires (although, after Ms. Weiss noted the deficiency in her response, they attached an authenticating affidavit to their reply). Furthermore, defendants have failed entirely to comply with Local Rule 12(m), which requires the party moving for summary judgment to file:

 
a statement of material facts as to which the moving party contends there is no genuine issue and that entitle the moving party to a judgment as a matter of law including a description of the parties and all facts supporting venue and jurisdiction in this Court. That statement shall consist of short numbered paragraphs, including within each paragraph specific references to the affidavits, parts of the record, and other supporting materials relied upon to support the facts set forth in that paragraph.

 Defendants have not included such a statement with their motion.

 Ms. Weiss, however, has responded to defendants deficient motion with her own evidence. She, unlike defendants, complied with Rule 56 by authenticating the documents she has submitted with proper affidavits. This court accepts the authenticated documents submitted by each of the parties, but warns defendants that recurring ...


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