From Casetext: Smarter Legal Research

Rumble v. Convergys

United States District Court, S.D. Ohio, Western Division
Mar 9, 2010
C-1-07-979 (S.D. Ohio Mar. 9, 2010)

Summary

holding that because the defendant retained unrestrained discretion to amend, cancel, and alter the effect of the incentive plan, such discretion "render[ed] the incentive compensation illusory and unenforceable"

Summary of this case from Barton v. Hewlett-Packard Co.

Opinion

C-1-07-979.

March 9, 2010


This matter is before the Court upon the Report and Recommendation of the United States Magistrate Judge (doc. no. 38), plaintiff's objections (doc. no. 43) and defendant's response (doc. no. 45). The Magistrate Judge concluded that, based on the evidence in the record, there are no genuine issues of material fact for trial and therefore recommended that defendant is entitled to judgment as a matter of law on all counts of the Complaint. The Magistrate Judge, therefore, recommended that defendant's Motion for Summary Judgment (doc. no. 18) be granted and that this case be dismissed and terminated on the docket of this Court.

Plaintiff objects to the Magistrate Judge's conclusions that other evidence of favoritism toward men did not provide additional support for plaintiff's prima facie case; the recommended finding that plaintiff did not engage in protected conduct when she complained that her boss did not like women, did not like her, and that he was trying to set up plaintiff for failure; the Magistrate Judge's recommended finding that no reasonable juror could find that defendant's stated reason for its conduct was pretextual; and the Magistrate Judge's recommended finding that plaintiff's claim for breach of contract should be dismissed.

CONCLUSION

Upon a de novo review of the record, especially in light of plaintiff's objections, the Court finds that plaintiff's objections have either been adequately addressed and properly disposed of by the Judge or present no particularized arguments that warrant specific responses by this Court. The Court finds that the Magistrate Judge has accurately set forth the controlling principles of law and properly applied them to the particular facts of this case and agrees with the Judge.

Accordingly, the Court hereby ADOPTS AND INCORPORATES BY REFERENCE HEREIN the Report and Recommendation of the United States Magistrate Judge (doc. no. 38). Defendant's Motion for Summary Judgment (doc. no. 18) is GRANTED and this case is DISMISSED AND TERMINATED on the docket of this Court.

IT IS SO ORDERED.


Summaries of

Rumble v. Convergys

United States District Court, S.D. Ohio, Western Division
Mar 9, 2010
C-1-07-979 (S.D. Ohio Mar. 9, 2010)

holding that because the defendant retained unrestrained discretion to amend, cancel, and alter the effect of the incentive plan, such discretion "render[ed] the incentive compensation illusory and unenforceable"

Summary of this case from Barton v. Hewlett-Packard Co.

observing that it is “the manager's perception of the employee's performance that is relevant, not plaintiff's subjective evaluation of his own relative performance”

Summary of this case from East v. Abarta Coca-Cola Beverages, LLC
Case details for

Rumble v. Convergys

Case Details

Full title:KAREN RUMBLE, Plaintiff v. CONVERGYS, Defendant

Court:United States District Court, S.D. Ohio, Western Division

Date published: Mar 9, 2010

Citations

C-1-07-979 (S.D. Ohio Mar. 9, 2010)

Citing Cases

Ricchuite v. Johnson

See Resolution Tr. Corp. v. Dunmar Corp., 43 F.3d 587, 599 (11th Cir. 1995) ("[T]he onus is upon the parties…

East v. Abarta Coca-Cola Beverages, LLC

(citation omitted) (italics in original); Rumble v. Convergys, No. C-1-07-979, 2010 WL 812775, at *11 (S.D.…