United States District Court, N.D. Illinois, Eastern Division
[Copyrighted Material Omitted]
Mr. William Blackford, III, Plaintiff: Howard Peritz, Howard Peritz, Attorney at law, Deerfield, IL.
For Federal Express Corporation, Defendant: Patrick Daniel Riederer, LEAD ATTORNEY, Federal Express Corporation, Memphis, TN; Jonathan Hale Claydon, Matthew A. C. Zapf, Greenberg Traurig, LLP, Chicago, IL.
Charles P. Kocoras,
United States District Judge.
Now before the Court is Defendant Federal Express Corporation's (" FedEx" ) motion for summary judgment brought pursuant Federal Rule of Civil Procedure 56. For the following reasons, FedEx's motion is granted.
According to Northern District of Illinois Local Rule 56.1, " all material facts set forth in the statement required of the moving party [for summary judgment] will be deemed to be admitted unless controverted by the statement of the opposing party." L.R. 56.1. Plaintiff William Blackford, III (" Blackford" ) has not filed an answer to FedEx's motion for summary judgment or filed a response to FedEx's statement of material facts. Therefore, all facts in FedEx's statement of material facts are deemed to be admitted for the purposes of this motion. L.R. 56.1; Sojka v. Bovis Lend Lease, Inc., 686 F.3d 394, 398 (7th Cir. 2012) (stating " [t]he obligation set forth in Local Rule 56.1 is not a mere formality," and that " [i]t follows from the obligation imposed by Fed.R.Civ.P. 56(e) on the party opposing summary judgment to identify specific facts that establish a genuine issue for trial." ).
FedEx is an express transportation and delivery company based in Memphis, Tennessee. Blackford, an African American male, was hired by FedEx as a Package Handler in 1993. Blackford worked at FedEx's Chicago O'Hare facility on the morning shift, which began at 12:00 p.m. and ended 8:00 a.m. Blackford was promoted to Dangerous Goods Agent in 1994, followed by a Clean-up/Spill Agent in 1997, and was transferred back to Dangerous Goods Agent in 2006. During Blackford's morning shift he was supervised by Dwayne Terrell (" Terrell" ), the Operations Manager of the Chicago O'Hare FedEx facility. Terrell reported to Bill Hatzold (" Hatzold" ) the Senior Manager of the facility.
FedEx maintains an Acceptable Conduct Policy, which is disclosed to employees in its Employment Handbook, which set forth permissible conduct and behavior that is prohibited. As part of the Acceptable
Conduct Policy, the falsification of time cards may result in disciplinary action, including termination. Additionally, FedEx maintains a Time Card Policy that requires employees to keep accurate time card records, including start, break and end times. The Time Card Policy cautions ...