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Donna J. Fulkerson v. Tompkins State Bank

October 1, 2012

DONNA J. FULKERSON, PLAINTIFF
v.
TOMPKINS STATE BANK, DEFENDANT



The opinion of the court was delivered by: John A. Gorman United States Magistrate Judge

E-FILED

Monday, 01 October, 2012 11:46:29 AM

Clerk, U.S. District Court, ILCD

ORDER

The parties have consented to have this case heard to judgment by a United States Magistrate Judge pursuant to 28 USC. § 636(c), and the District Judge has referred the case to me. Now before the court is the Defendant's motion for summary judgment (#17). The motion is fully briefed and I have carefully considered the arguments and evidence submitted by the parties. As explained herein, the motion is DENIED.

I. JURISDICTION AND VENUE

This case arises under the Fair Labor Standards Act, 29 USC §215(a)(3). This Court has subject matter jurisdiction pursuant to 29 USC §216(b) and 28 USC §1331.

The events alleged in the complaint took place in Fulton and Knox Counties, Illinois, both of which are within this District and in both of which the Defendant does business. Venue in this District is therefore proper.

Pursuant to CD Ill Local Rule 40.1(A), this case is assigned to the Peoria Division of this District.

II. SUMMARY JUDGMENT GENERALLY

The purpose of summary judgment is to "pierce the pleadings and to assess the proof in order to see whether there is a genuine need for trial." Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 US 574, 587 (1986). Under Rule 56(c) of the Federal Rules of Civil Procedure, summary judgment should be entered if and only if there is no genuine issue as to any material fact, and the moving party is entitled to judgment as a matter of law. See Jay v. Intermet Wagner Inc., 233 F.3d 1014, 1016 (7th Cir 2000); Cox v. Acme Health Serv., 55 F3d 1304, 1308 (7th Cir 1995).

In ruling on a summary judgment motion, the court may not weigh the evidence or resolve issues of fact; disputed facts must be left for resolution at trial. Anderson v. Liberty Lobby, Inc., 477 US 242 (1986). The court's role in deciding the motion is not to sift through the evidence, pondering the nuances and inconsistencies, and decide whom to believe. Waldridge v. American Hoechst Corp., 24 F3d 918, 922 (7th Cir1994). Summary judgment is not a substitute for a jury's determination about credibility. Paz v. Wauconda Healthcare and Rehabilitations Centre, 464 F3d 659, 664 (7th Cir 2006). The court has one task and one task only: to decide, based on the evidence of record, whether there is any material dispute of fact that requires a trial.

The court is to examine all admissible facts, viewing the entirety of the record and accepting all facts and drawing all reasonable inferences in favor of the non-movant, Erdman v. City of Ft. Atkinson, 84 F3d 960, 961 (7th Cir 1996); Vukadinovich v. Bd. of Sch. Trustees, 978 F2d 403, 408 (7th Cir 1992), cert. denied, 510 US 844 (1993); Lohorn v. Michal, 913 F2d 327, 331 (7th Cir 1990); DeValk Lincoln-Mercury, Inc. V. Ford Motor Co., 811 F2d 326, 329 (7th Cir 1987); Bartman v. Allis Chalmers Corp., 799 F2d 311, 312 (7th Cir 1986), cert. denied, 479 US 1092 (1987), and construing any doubts against the moving party. Adickes v. S.H. Kress & Co., 398 US 144 (1970); Trotter v. Anderson, 417 F2d 1191 (7th Cir 1969); Haefling v. United Parcel Serv., Inc., 169 F3d 494, 497 (7th Cir1999).

If the undisputed facts indicate that no reasonable jury could find for the party opposing the motion, then summary judgment must be granted. Hedberg v. Indiana Bell Tel. Co., 47 F3d 928, 931 (7th Cir 1995), citing Anderson, 477 US at 248. If the non-moving party fails to make a showing sufficient to establish the existence of an element essential to that party and on which that party will bear the burden of proof at trial, then summary judgment is proper. Celotex, 477 US at 322; Waldridge, 24 F3d at 920.

A court may consider only admissible evidence in assessing a motion for summary judgment. Gunville v. Walker, 583 F3d 979, 985 (7th Cir 2009); Haywood v. Lucent Technologies, Inc., 323 F3d 524, 533 (7th Cir 2003) (inadmissible evidence will not overcome a motion for summary judgment). See also Bombard v. Fort Wayne Newspapers, Inc., 92 F3d 560, 562 (7th Cir 1996) (evidence relied upon at the summary judgment stage must be competent evidence of a type otherwise admissible at trial). A party may not rely upon inadmissible hearsay to oppose a motion for summary judgment. MMG Fin. Corp. v. Midwest Amusements Park, LLC, 630 F3d 651, 656 (7th Cir 2011); Logan v. Caterpillar, Inc., 246 F3d 912, 925 (7th Cir 2001) (inadmissible hearsay is not enough to preclude summary judgment); Eisenstadt v. Centel Corp., 113 F3d 738, 742 (7th Cir 1997) (hearsay is inadmissible in ...


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