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FILIPOS v. SIDOVAR

November 29, 1999

XENIA L. FILIPOS, PLAINTIFF
v.
RONALD G. SIDOVAR, DEFENDANT.



The opinion of the court was delivered by: Joyner, District Judge.

MEMORANDUM AND ORDER

Plaintiff, Xenia Filipos, has sued Defendant, Ronald Sidovar, alleging sexual harassment. This case was properly removed to this Court under 28 U.S.C. § 1442 (a)(1). Presently before the Court is Defendant's Motion for Summary Judgment. For the following reasons, Defendant's Motion is GRANTED.

BACKGROUND

On February 3, 1999, Xenia Filipos visited the office of the Social Security Administration (SSA) in Bethlehem, Pennsylvania. Ms. Filipos wished to discuss what she believed was a $45.50 discrepancy in her February 2, 1999 SSA check. Ms. Filipos first met SSA employee Barbara Seitzinger, who in turn asked Defendant Ronald Sidovar to meet with Ms. Filipos. Ms. Filipos alleges that, during their discussion, Mr. Sidovar continued to "stare into the eyes of Xenia Filipos." Complaint at 3. Ms. Filipos alleges that Mr. Sidovar then leaned across his desk, "bringing his body very close to the body of Xenia Filipos." Id.

Mr. Sidovar, in turn, states that during the interview Ms. Filipos "became belligerent and in fact threatened to sue me." Affidavit of Ronald Sidovar at ¶ 5. He states that he "leaned half way over the [3 to 4 foot wide] desk and told her I was going to call the police." He states in his affidavit that "[a]t no time did I get any closer than two feet from her and at no time did I ever touch her." Id. at ¶ 6.

Plaintiff filed this action in the Court of Common Pleas for Northampton County. Defendant removed the case to this Court in accordance with 28 U.S.C. § 1442 (a)(1).

DISCUSSION

I. Summary Judgment Standard

Summary judgment is appropriate where the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, reveal no genuine issue of material fact, and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c). Our responsibility is not to resolve disputed issues of fact, but to determine whether any factual issues exist to be tried. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-49, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The presence of "a mere scintilla of evidence" in the nonmovant's favor will not avoid summary judgment. Williams v. Borough of West Chester, 891 F.2d 458, 460 (3d Cir. 1989) (citing Anderson, 477 U.S. at 249, 106 S.Ct. 2505). Rather, we will grant summary judgment unless "the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Anderson, 477 U.S. at 248, 106 S.Ct. 2505.

In making this determination, all of the facts must be viewed in the light most favorable to the non-moving party and all reasonable inferences must be drawn in favor of the non-moving party. Id. at 256, 106 S.Ct. 2505. Once the moving party has put the initial burden of demonstrating the absence of a genuine issue of material fact, the non-moving party must establish the existence of each element of its case. J.F. Feeser, Inc. v. Serv-A-Portion. Inc., 909 F.2d 1524, 1531 (3d Cir. 1990) (citing Celotex Corp. v. Catrett, 477 U.S. 317 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986)).

II. Plaintiff's Failure to Respond to Defendant's Motion

Defendant's Motion was filed on September 30, 1999. Local Rule of Civil Procedure 7.1(c) requires Plaintiff to respond to Defendant's motion within 14 days. It has now been more than 45 days since Defendant's motion was filed. Accordingly, the Court will rule on Defendant's Motion in accordance with Federal Rule of Civil Procedures 56(e), which states that "[i]f the adverse party does not so respond, summary judgment, if appropriate, shall be entered against the adverse party." Because plaintiff has not responded to Defendan's Motion, her statement of facts, and proof of her case, will need to be taken from her Complaint.

III. The Parties Agree on the Material Facts

Plaintiff and Defendant agree that Plaintiff went to the SSA office on February 3, 1999, for the purpose of objecting to a $45.50 deduction from her February 2, 1999 social security check. Complaint at 3, Answer at ΒΆ 2. The parties further agree that Plaintiff wound up at Defendant's desk, and that after some discussion Defendant stood and leaned ...


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