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JONES v. GATZAMBIDE

September 16, 1996

KIMBERLY JONES, Plaintiff,
v.
JOEL GATZAMBIDE and LEVY SECURITY CONSULTANTS LIMITED, Defendants.



The opinion of the court was delivered by: NORGLE

 CHARLES R. NORGLE, SR., District Judge:

 Before the court are Defendant Levy Security Consultants Limited's (LSC) motions for summary judgment and for sanctions. For the following reasons, the motion for summary judgment is granted and the motion for sanctions is denied.

 I. BACKGROUND

 A. Local Rule 12

 Plaintiff Kimberly Jones ("Jones") filed a claim for hostile work environment sexual harassment and a "state claim" against LSC pursuant to 42 U.S.C. § 2000e ("Title VII"). *fn1" As a threshold matter, the court addresses the issue of which facts it will rely upon for purposes of its summary judgment analysis.

 LSC filed a Local Rule 12(M) statement with its motion for summary judgment. Plaintiff Kimberly Jones' response to that motion bears no resemblance to that contemplated by Local Rule 12(N). The Seventh Circuit has repeatedly upheld the strict enforcement of local rules regarding summary judgment. Waldridge v. American Hoechst Corp., 24 F.3d 918, 922 (7th Cir. 1994). "District courts are not obliged in our adversary system to scour the record looking for factual disputes." Id. (citations omitted). Accordingly, pursuant to Local Rule 12, LSC's uncontested version of the facts is deemed admitted. See Local General Rule 12. *fn2"

 B. Uncontested Facts

 Jones worked for LSC as a Public Security Officer and Assistant Watch Commander from June 17, 1994, until October 24, 1994. At all times, she worked at Navy Pier. Joel Gatzambide ("Gatzambide") worked for LSC in a supervisory capacity. Jones is an African-American female and Gatzambide is a caucasian male. At the beginning of each shift, Navy Pier's security staff met in a "public security office" on Navy Pier's third floor. During these meetings, either the Assistant Watch Commander or Watch Commander took roll call and ensured that each officer was properly attired.

 On October 15, 1994, during a pre-shift meeting, Gatzambide and Jones were seated next to each other at a round table, along with several other officers. As the meeting ended and, while another officer remained seated at the table, Gatzambide asked Jones how she would feel about dating a white person. She responded, "What are you talking about? I'm not interested."

 Immediately following the meeting, Jones, Gatzambide, and the other officers left the security office as a group, and walked approximately sixty feet to an elevator. During the walk and the elevator ride, Gatzambide "stared" at Jones. Jones testified at her deposition that she could not remember where Gatzambide was positioned in relation to her as they walked or during the elevator ride. She also could not recall the manner in which he was staring at her (i.e., whether he was looking in her eyes or at her body). The staring made Jones feel "uncomfortable." When the elevator reached the Navy Pier mall, officers dispersed and commenced their duties.

 Later, during the same shift, Gatzambide stood approximately two feet from Jones as she stood at a railing overlooking the shopping area. He told her that he had a crush on her, and that he was going to "grab [her] face and kiss [her]." Gatzambide made no attempt to kiss Jones and did not touch her in any way. Jones told Gatzambide that she was "not interested" and that he made her "uncomfortable."

 Jones testified at her deposition that the above conduct constitutes the entire basis of her sexual harassment claim. At her deposition, Jones was asked, "Is there anything else verbal or physical that Joel Gatzambide did to you that you say constitutes sexual harassment?"; she responded, "No, that was it." (Jones Dep. 87.)

 Jones had not been scheduled to work for the following three days. Upon her return to work on October 18, 1994, she met with Luis Serrano ("Serrano"), LSC's Navy Pier Deputy Director, and complained about Gatzambide's conduct. Serrano immediately phoned Abdul Kahn ("Kahn"), LSC's Navy Pier Director. ...


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