The opinion of the court was delivered by: TERRENCE McVERRY, District Judge
MEMORANDUM OPINION AND ORDER
Presently before the Court for review and disposition are the
MOTION FOR SUMMARY JUDGMENT, with brief in support filed by
Defendants Mellon Financial Corporation, Mellon Bank, N.A., and
Martin G. McGuinn (Document Nos. 84 and 85, respectively);
Brief and Response in Opposition to Defendants' Motion for
Summary Judgment filed by Plaintiff (Document Nos. 89 and 90);
Reply Brief in Further Support of Their Motion for Summary
Judgment filed by Defendants (Document No. 95);
Supplemental Brief in Opposition to Defendants' Motion for
Summary Judgment filed by Plaintiff (Document No. 100); and
Reply to Plaintiff's Supplemental Brief in Opposition to
Defendants' Motion for Summary Judgment filed by Defendants
(Document No. 103). After careful consideration of Defendants' motion for summary
judgment, the filings in support and opposition thereto, the
briefs of the parties, the relevant case law, and the record as a
whole, the Court finds that there is not sufficient record
evidence upon which a reasonable jury could return a verdict for
Plaintiff, Charles A. Singleton, on his federal and state claims
of disability and race discrimination. Therefore, the Court will
grant Defendants' motion for summary judgment as to all federal
and state claims which allege discrimination and dismiss without
prejudice the Counterclaims alleged by Defendants Mellon
Financial Corporation and Mellon Bank, N.A.
Construed in the light most favorable to the Plaintiff, the
record facts are as follows:
On January 4, 1999, Defendant Martin G. McGuinn, the Chief
Executive Officer of Mellon Financial Corporation and Mellon
Bank, N.A., contacted Thomas Flannery of the search firm,
Resources for Management, Inc. ("RFM") to search for a new
Executive Vice President of Human Resources for Mellon Bank, N.A.
Defendant McGuinn explicitly requested that Mr. Flannery make a
special effort to locate qualified female and minority
candidates. Mr. Flannery contacted Plaintiff, Charles A.
Singleton, who expressed interest in the Mellon opening and faxed
his resume to Mr. Flannery's office. In his resume, Plaintiff
represented that he was employed at the time by the Eastman Kodak
Company ("Kodak") as the Vice President of Corporate Human
Resources, Director of Worldwide Compensation & Benefits.
Plaintiff also represented in his cover letter to Mr. Flannery
that he was then a current Kodak employee. On February 27, 1999, Plaintiff had his initial interview with
Mr. Flannery, at which time he presented Mr. Flannery with a
second resume. Although this resume was formatted differently,
Plaintiff continued to represent himself as a "then current"
employee of Kodak.
Mr. Flannery presented a number of candidates to Mellon, but
two emerged as "the strongest of the bunch" Plaintiff and James
Defendant McGuinn interviewed Plaintiff on March 15, 1999.
After interviewing both Plaintiff and James Alef, Defendant
McGuinn determined to offer Plaintiff the position of Executive
Vice President of Human Resources for Mellon. Defendant McGuinn
then called Plaintiff to outline an offer of employment and asked
Mr. Flannery to convey the details of the offer to Plaintiff.
As instructed, Mr. Flannery conveyed the offer to Plaintiff,
who "came back and said he wanted more and different things . . .
both in terms of money and replacing certain things he had at
Kodak. . . ." Defs' Stmt of Material Undisputed Facts, at ¶ 23.
In particular, Plaintiff represented to Mr. Flannery, inter alia,
that (i) he was at that time earning $175,000 at Kodak and that
was to increase to $200,000 in June 1999; (ii) he would be
receiving an $80,000 bonus from Kodak that he would have to
forfeit if he left Kodak; (iii) he had a $700/month car allowance
from Kodak that reimbursed him for his car lease payments; (iv)
he had Kodak stock options in the amount of $165,000 that he
would lose if he departed Kodak; and (v) he had an interest-free
loan from Kodak in the amount of $125,000 that he would have to
repay upon his departure from Kodak.
In response, on April 20, 1999, Defendant McGuinn revised his
offer to Plaintiff to include reimbursement for the following
losses Plaintiff alleged he would incur: (i) $165,000 to
replace Plaintiff's alleged lost gains on Kodak stock options; (ii)
$125,000 to enable Plaintiff to repay his loan from Kodak; and
(iii) $80,000 to replace Plaintiff's alleged loss of a 1998
On April 25, 1999, Plaintiff accepted Mellon's revised offer of
employment. On June 14, 1999, Plaintiff commenced his employment
with Mellon Bank, N.A. as Executive Vice President of Human
Resources and at all times was an at-will employee. In this
position, Plaintiff reported directly to Defendant McGuinn and
was a member of Mellon's Senior Management Committee. Plaintiff
was responsible for all aspects of Mellon's human resources
policies, procedures and initiatives and had numerous direct
reports of his own. Defendant McGuinn testified that he hired
Plaintiff specifically "to undertake leadership of major changes
to human resources capabilities and delivery." Defs' Stmt of
Material Undisputed Facts, at ¶ 30.
Defendant McGuinn testified that as of the fall of 1999, he was
becoming increasingly dissatisfied with the lack of progress that
Plaintiff was making in the Human Resources department and
"ask[ed] [Plaintiff] about his review of the people and the
department and what his plans were. And he had not yet really
developed those plans. I asked about his progress on various
initiatives, trying to impress on him the urgency that was
needed." McGuinn Depo. at 13-14. Defendant McGuinn also testified
that he noted that Plaintiff tended to schedule his personal
appointments in the middle of the day and "he wouldn't come in
beforehand or he couldn't come back to the office after it."
Id. at 15.
Mr. Flannery testified that Defendant McGuinn voiced his
dissatisfaction with Plaintiff's performance to him "almost from
the outset [and] certainly within three to six months of his
employment because [Plaintiff] was not performing to Mr.
McGuinn's standards." Flanery Depo. at 91. In December of 1999, Defendant McGuinn gave Plaintiff a
favorable rating, based upon his six months performance, but