A bare contention that a factual dispute exists is insufficient to defeat summary judgment without specific facts showing a genuine issue for trial.
An employee sued his former employer for wrongful discharge under the Age Discrimination in Employment Act after being terminated due to age and health. The employer moved for summary judgment, arguing the employee failed to file a timely charge with the EEOC. The employee provided an affidavit stating he never saw the required ADEA notice posted in the lunchroom, while the employer provided affidavits and photographs asserting the notice was conspicuously posted. Because a bare contention that an issue of fact exists is insufficient to raise a factual issue, and the employee failed to set forth specific facts showing a genuine issue for trial, the court held that the employee's failure to see the notice did not create a dispute regarding whether the notice was actually posted.
At page 105 Establishing factual dispute for equitable tolling of statute of limitations377 citing cases“a bare contention that an issue of fact exists is insufficient to raise a factual issue”
- Nat'l Diamond Syndicate, Inc., Cross-Appellant v. United Parcel Serv., Inc., Cross-Appellee, 897 F.2d 253 (7th Cir. 1990).published([A] bare contention that an issue of fact exists is insufficient to raise a factual issue.)
- Assocs. in Adolescent Psychiatry v. Home Life Ins., 729 F. Supp. 1162 (N.D. Ill. 1989).published ([A] bare contention that an issue of fact exists is insufficient to raise a factual issue.)
- Adams, No. 6:23-cv-00278 (E.D. Okla. Feb. 13, 2026).Posey v. Skyline Corp., 702 F.2d 102, 105 (7th Cir.1983).
- In Re: Robert J. Littmann, Sr., Debtor. Obery Farms P'ship, Robert Springer, Jay Springer, & Norman Schirer, Plaintiffs, v. Robert J. Littmann, Sr., Defendant., No. 22-08001 (Bankr. C.D. Ill. Dec. 16, 2025).Posey v. Skyline Corp., 702 F.2d 102, 105 (7th Cir. 1983).
- Bruce Oakley, Inc. & Johnston's Port 33, Inc., owners of the M/V Legacy, for exoneration from or limitation of Liab., No. 6:19-cv-00184 (E.D. Okla. Mar. 3, 2025).Applied Genetics v. Fist Affiliated Securities, 912 F.2d 1238, 1241 (10th Cir. 1990); Posey v. Skyline Corp., 702 F.2d 102, 105 (7th Cir. 1983).
- ND Packaging LLC v. Taiwan Endurance Co Ltd, No. 2:22-cv-00991 (E.D. Wis. Aug. 23, 2024).See United Ass’n of Black Landscapers v. City of Milwaukee, 916 F.2d 1261, 1265 (7th Cir. 1990) (“A party may not rest on mere allegations or denials of his pleadings; similarly, a bare contention that an issue of fact exists is insufficie…
- Doe v. Okmulgee Cnty. Sch. Dist. No. 3, No. 6:21-cv-00305 (E.D. Okla. Aug. 6, 2024).Posey v. Skyline Corp., 702 F.2d 102, 105 (7th Cir. 1983).
- Buckner v. Sallisaw, City of, No. 6:22-cv-00146 (E.D. Okla. Apr. 29, 2024).Applied Genetics v. Fist Affiliated Securities, 912 F.2d 1238, 1241 (10th Cir. 1990); Posey v. Skyline Corp., 702 F.2d 102, 105 (7th Cir. 1983).
- Puglia v. Nienhuis, No. 8:22-cv-01954 (M.D. Fla. Dec. 11, 2023).(finding summary judgment proper where defendant’s evidence indicated that ADEA notice was posted and plaintiff’s affidavit stated only that he did not recall seeing one)
- Bailey v. Ada, City of, No. 6:20-cv-00327 (E.D. Okla. Oct. 13, 2023).Applied Genetics v. Fist Affiliated Securities, 912 F.2d 1238, 1241 (10th Cir. 1990); Posey v. Skyline Corp., 702 F.2d 102, 105 (7th Cir. 1983).
Show 183 more citing cases
- Ouro Mining, Inc. v. Clemmer, No. 6:20-cv-00157 (E.D. Okla. Mar. 31, 2023).Applied Genetics v. Fist Affiliated Securities, 912 F.2d 1238, 1241 (10th Cir. 1990); Posey v. Skyline Corp., 702 F.2d 102, 105 (7th Cir. 1983).
- Doe v. Okmulgee Cnty. Sch. Dist. No. 3, No. 6:21-cv-00305 (E.D. Okla. Jan. 10, 2023).Applied Genetics v. First Affiliated Secs., Inc., 912 F.2d 1238, 1241 (10th Cir. 1990); Posey v. Skyline Corp., 702 F.2d 102, 105 (7th Cir. 1983).
- White v. Thompson, 639 F. Supp. 3d 613 (S.D. W. Va. 2022).publishedIn those cases, the plaintiffs relied on testimony that the plaintiff or a witness could not recall seeing or receiving certain documents in support of their argument that a question of fact existed regarding whether the documents were in…
- People for the Ethical Treatment of Animals, Inc. v. Lowe, No. 5:21-cv-00671 (W.D. Okla. Sept. 27, 2021).Posey v. Skyline Corp., 702 F.2d 102, 105 (7th Cir. 1983).
- Fields v. BNSF Ry. Co., No. 6:16-cv-00213 (E.D. Okla. Sept. 8, 2021).Posey v. Skyline Corp., 702 F.2d 102, 105 (7th Cir. 1983).
- Branum v. Orscheln Farm & Home, LLC, No. 6:18-cv-00281 (E.D. Okla. May 19, 2021).Applied Genetics v. First Affiliated Securities, Inc., 912 F.2d 1238, 1241 (10th Cir. 1990); Posey v. Skyline Corp., 702 F.2d 102, 105 (7th Cir. 1983).
- Cosman v. Busey Bank, No. 3:20-cv-50298 (N.D. Ill. May 12, 2021). In Posey v. Skyline Corp., the Seventh Circuit found no genuine dispute of material fact in an employment discrimination case when the defendant company filed affidavits asserting that it had conspicuously posted the required notice in the…
- Van Dam v. Guernsey WY, No. 2:20-cv-00060 (D. Wyo. May 4, 2021).Posey v. Skyline Corp., 702 F.2d 102, 105 (7th Cir. 1983).
- Locke v. Choctaw City of, No. 5:20-cv-00099 (W.D. Okla. Apr. 16, 2021).Posey v. Skyline Corp., 702 F.2d 102, 105 (7th Cir. 1983).
- Starr Surplus Lines Ins. Co. v. Cushing Hosp. LLC, 527 F. Supp. 3d 1327 (W.D. Okla. 2021).publishedPosey v. Skyline Corp., 702 F.2d 102, 105 (7th Cir. 1983).
- German v. Rhoades, No. 5:19-cv-00751 (W.D. Okla. Feb. 17, 2021).Posey v. Skyline Corp., 702 F.2d 102, 105 (7th Cir. 1983).
- Bhatti v. SSM Health Care of Oklahoma Inc, No. 5:19-cv-00655 (W.D. Okla. Jan. 5, 2021).Posey v. Skyline Corp., 702 F.2d 102, 105 (7th Cir. 1983).
- Dees v. Dobson Tech., No. 5:19-cv-00915 (W.D. Okla. Jan. 4, 2021).Posey v. Skyline Corp., 702 F.2d 102, 105 (7th Cir. 1983).
- Salda v. Brighthouse Life Ins. Co., No. 5:19-cv-01093 (W.D. Okla. Dec. 7, 2020).Posey v. Skyline Corp., 702 F.2d 102, 105 (7th Cir. 1983).
- German v. Rhoades, No. 5:19-cv-00751 (W.D. Okla. Nov. 24, 2020).Posey v. Skyline Corp., 702 F.2d 102, 105 (7th Cir. 1983).
- Black v. Simmons, No. 6:19-cv-00101 (E.D. Okla. Sept. 30, 2020).Applied Genetics v. First Affiliated Securities, Inc., 912 F.2d 1238, 1241 (10th Cir. 1990); Posey v. Skyline Corp., 702 F.2d 102, 105 (7th Cir. 1983).
- Easter v. Oklahoma Dep't of Wildlife Conservation, No. 6:16-cv-00168 (E.D. Okla. June 24, 2020).Applied Genetics v. Fist Affiliated Securities, 912 F.2d 1238, 1241 (10th Cir. 1990); Posey v. Skyline Corp., 702 F.2d 102, 105 (7th Cir. 1983).
- Wilks v. BNSF Ry. Co., No. 6:18-cv-00080 (E.D. Okla. June 17, 2020).Posey v. Skyline Corp., 702 F.2d 102, 105 (7th Cir. 1983).
- Cockerell Oil Props., Ltd. v. Unit Petroleum Co., No. 6:16-cv-00135 (E.D. Okla. Feb. 28, 2020).Posey v. Skyline Corp., 702 F.2d 102, 105 (7th Cir. 1983).
- Deela v. Annett Holdings, Inc., No. 6:17-cv-00483 (E.D. Okla. Oct. 29, 2019).Applied Genetics v. Fist Affiliated Securities, 912 F.2d 1238, 1241 (10th Cir. 1990); Posey v. Skyline Corp., 702 F.2d 102, 105 (7th Cir. 1983).
- Webber v. Esper, No. 6:16-cv-00552 (E.D. Okla. Sept. 30, 2019).Applied Genetics v. First Affiliated Securities, Inc., 912 F.2d 1238, 1241 (10th Cir. 1990); Posey v. Skyline Corp., 702 F.2d 102, 105 (7th Cir. 1983).
- Travis-Neal v. Oklahoma State Bureau of Investigation, No. 5:18-cv-00261 (W.D. Okla. Aug. 27, 2019).Posey v. Skyline Corp., 702 F.2d 102, 105 (7th Cir. 1983).
- Zurich Am. Ins. Co. v. Good To Go LLC, No. 5:16-cv-01067 (W.D. Okla. Aug. 22, 2019).Posey v. Skyline Corp., 702 F.2d 102, 105 (7th Cir. 1983).
- Braver v. Northstar Alarm Servs. LLC, No. 5:17-cv-00383, 2019 WL 3208651 (W.D. Okla. July 16, 2019).Posey v. Skyline Corp., 702 F.2d 102, 105 (7th Cir. 1983).
- Ores v. Vill. of Dolton, 152 F. Supp. 3d 1069 (N.D. Ill. 2015).publishedApr. 15, 2003) (citing Posey v. Skyline Corp., 702 F.2d 102, 105 (7th Cir.1983)).
- In Re Farmers Ins. Co., Inc., FCRA Litig., 738 F. Supp. 2d 1180 (W.D. Okla. 2010).publishedPosey v. Skyline Corp., 702 F.2d 102, 105 (7th Cir. 1983).
- Treat v. Tom Kelley Buick Pontiac GMC, Inc., 710 F. Supp. 2d 762 (N.D. Ind. 2010).publishedGoka v. Bobbitt, 862 F.2d 646, 649 (7th Cir.1988); Guenin v. Sendra Corp., 700 F.Supp. 973, 974 (N.D.Ind.1988); Posey v. Skyline Corp., 702 F.2d 102, 105 (7th Cir.), cert. denied, 464 U.S. 960 , 104 S.Ct. 392 , 78 L.Ed.2d 336 (1983). *766…
- Treat v. Civil Tom Kelley Buick Pontiac GMC, Inc., 710 F. Supp. 2d 777 (N.D. Ind. 2010).publishedGoka v. Bobbitt, 862 F.2d 646, 649 (7th Cir.1988); Guenin v. Sendra Corp., 700 F.Supp. 973, 974 (N.D.Ind.1988); Posey v. Skyline Corp., 702 F.2d 102, 105 (7th Cir.), cert. denied, 464 U.S. 960 , 104 S.Ct. 392 , 78 L.Ed.2d 336 (1983).
- Thornburg v. Frac Tech Servs., Ltd., 709 F. Supp. 2d 1166 (E.D. Okla. 2010).publishedPosey v. Skyline Corp., 702 F.2d 102, 105 (7th Cir.1983).
- Perrey v. Donahue, 703 F. Supp. 2d 839 (N.D. Ind. 2010).publishedGoka v. Bobbitt, 862 F.2d 646, 649 (7th Cir.1988); Guenin v. Sendra Corp., 700 F.Supp. 973, 974 (N.D.Ind.1988); Posey v. Skyline Corp., 702 F.2d 102, 105 (7th Cir.), cert. denied, 464 U.S. 960 , 104 S.Ct. 392 , 78 L.Ed.2d 336 (1983).
- Bryson v. MacY, 611 F. Supp. 2d 1234 (W.D. Okla. 2009).publishedPosey v. Skyline Corp., 702 F.2d 102, 105 (7th Cir. 1983).
- Caviness v. Johnson, 614 F. Supp. 2d 1246 (E.D. Okla. 2008).publishedPosey v. Skyline Corp., 702 F.2d 102, 105 (7th Cir.1983).
- Dickey v. Baptist Mem'l Hosp.-North MS, 146 F.3d 262 (5th Cir. 1998).published
- Ollom v. McGinnis, 986 F.2d 1424 (7th Cir. 1993).unpublished
- Johnnie Everage v. Marvin Runyon, Postmaster Gen., 998 F.2d 1016 (7th Cir. 1993).unpublished
- N. Assurance Co. of Am. v. Summers, 17 F.3d 956 (7th Cir. 1994).published
- W. David Stedman v. Hoogendoorn, Talbot, Davids, Godfrey & Milligan, P.C., Illinois P'ship, & Edward D. Willey, D/B/A Edward D. Willey Investigations, 61 F.3d 906 (7th Cir. 1995).unpublished
- John A. Thelen v. Marc's Big Boy Corp., Marcus Corp., & Stephen H. Marcus, 64 F.3d 264 (7th Cir. 1995).published
- Rudolph L. Lucien v. Howard A. Peters, Iii, & Salvador A. Godinez, 69 F.3d 539 (7th Cir. 1995).unpublished
- Mary L. Clark v. Marvin T. Runyon, Jr., Postmaster Gen., United States Postal Serv., 116 F.3d 275 (7th Cir. 1997).published
- Ricardo Hunter v. Habegger Corp., 139 F.3d 901 (7th Cir. 1998).unpublished
- Ilah M. Tinder v. Pinkerton Sec., 305 F.3d 728 (7th Cir. 2002).published
- Block v. Art Iron, Inc., 866 F. Supp. 380 (N.D. Ind. 1994).published
- Indiana Gas Co., Inc. v. Aetna Cas. & Sur. Co., 951 F. Supp. 773 (N.D. Ind. 1996).published
- Indiana Gas Co., Inc. v. Aetna Cas. & Sur. Co., 951 F. Supp. 790 (N.D. Ind. 1996).published
- Indiana Gas Co., Inc. v. Aetna Cas. & Sur. Co., 951 F. Supp. 797 (N.D. Ind. 1996).published
- Indiana Gas Co., Inc. v. Aetna Cas. & Sur. Co., 951 F. Supp. 780 (N.D. Ind. 1996).published
- Indiana Gas Co., Inc. v. Aetna Cas. & Sur. Co., 951 F. Supp. 767 (N.D. Ind. 1996).published
- Horn v. A.O. Smith Corp., 884 F. Supp. 1226 (N.D. Ind. 1994).published
- Smith v. Off. of Civilian Health & Med. Prog., 884 F. Supp. 303 (S.D. Ind. 1994).published
- Hartford Fire Ins. v. Pure Air on the Lake Ltd. P'ship, 859 F. Supp. 1189 (N.D. Ind. 1994).published
- Vance v. Lobdell-Emery Mfg. Co., 932 F. Supp. 1130 (S.D. Ind. 1996).published
- Bowman v. City of Indianapolis, 885 F. Supp. 1152 (S.D. Ind. 1994).published
- Boyce v. Woodruff, 979 F. Supp. 817 (N.D. Ind. 1997).published
- Zisis v. St. Joseph Tp. of Allen Cnty., 979 F. Supp. 806 (N.D. Ind. 1997).published
- United Capitol Ins. v. Special Trucks, Inc., 918 F. Supp. 1250 (N.D. Ind. 1996).published
- Omnisource Corp. v. CNA/Transcontinental Ins., 949 F. Supp. 681 (N.D. Ind. 1996).published
- Coleman v. Keebler Co., 997 F. Supp. 1094 (N.D. Ind. 1998).published
- Coleman v. Keebler Co., 997 F. Supp. 1102 (N.D. Ind. 1998).published
- Eskew v. Young, 992 F. Supp. 1049 (S.D. Ill. 1998).published
- Pauling v. Sec'y of the Dep't of Interior, 960 F. Supp. 793 (S.D.N.Y. 1997).published
- Keller Med. Specialties Prods. v. Armstrong Med. Indus., Inc., 842 F. Supp. 1086 (N.D. Ill. 1994).published
- Thiele v. Norfolk & W. Ry. Co., 873 F. Supp. 1240 (N.D. Ind. 1994).published
- Shipley v. Dugan, 874 F. Supp. 933 (S.D. Ind. 1995).published
- Anderson v. P.A. Radocy & Sons, Inc., 865 F. Supp. 522 (N.D. Ind. 1994).published
- United States v. Grimm, 865 F. Supp. 1303 (N.D. Ind. 1994).published
- Perry v. Norfolk & W. Ry. Co., 865 F. Supp. 1292 (N.D. Ind. 1994).published
- D 56, INC. v. Berry's Inc., 955 F. Supp. 908 (N.D. Ill. 1997).published
- Murray v. Mobil Chem. Co. (In Re Chicago, Missouri & W. Ry. Co.), 156 B.R. 567 (Bankr. N.D. Ill. 1993).published
- Roberts v. Robert v. Rohrman, Inc., 909 F. Supp. 545 (N.D. Ill. 1995).published
- Barber v. United States (In Re Barber), 236 B.R. 655 (Bankr. N.D. Ind. 1998).published
- United States v. Maxwell (In Re Pyramid Indus., Inc.), 170 B.R. 974 (Bankr. N.D. Ill. 1994).published
- Marschand v. Norfolk & W. Ry. Co., 876 F. Supp. 1528 (N.D. Ind. 1995).published
- Blakemore v. Pekay, 895 F. Supp. 972 (N.D. Ill. 1995).published
- Oliver Ex Rel. Hines v. McClung, 919 F. Supp. 1206 (N.D. Ind. 1995).published
- Hendry v. GTE North, Inc., 896 F. Supp. 816 (N.D. Ind. 1995).published
- Templeton Coal Co., Inc. v. Shalala, 882 F. Supp. 799 (S.D. Ind. 1995).published
- Prizevoits v. Indiana Bell Tel. Co., Inc., 882 F. Supp. 787 (S.D. Ind. 1995).published
- Hasty v. Cent. States Se & Sw Areas, 851 F. Supp. 1250 (N.D. Ind. 1994).published
- Grinnell Mut. Reinsurance Co. v. Shierk, 996 F. Supp. 836 (S.D. Ill. 1998).published
- All. for Clean Coal v. Bayh, 888 F. Supp. 924 (S.D. Ind. 1995).published
- Phenicie v. Bossert Indus. Supply, Inc., 963 F. Supp. 747 (N.D. Ind. 1996).published
- Elzinga & Volkers, Inc. v. LSSC CORP., 852 F. Supp. 681 (N.D. Ind. 1994).published
- Harris v. Health & Hosp. Corp., 852 F. Supp. 701 (S.D. Ind. 1994).published
- Abbott v. Vill. of Winthrop Harbor, 953 F. Supp. 931 (N.D. Ill. 1996).published
- Walker v. Carter, 820 F. Supp. 1095 (C.D. Ill. 1993).published
- Pellon v. Bus. Representation Int'l, Inc., 528 F. Supp. 2d 1306 (S.D. Fla. 2007).published
- J.R. Lazaro Builders, Inc. v. R.E. Ripberger Builders, Inc., 883 F. Supp. 336 (S.D. Ind. 1995).published
- Herriman v. Conrail Inc., 883 F. Supp. 303 (N.D. Ind. 1995).published
- Bob Nicholson Appliance, Inc. v. Maytag Co., 883 F. Supp. 321 (S.D. Ind. 1994).published
- Wilcox v. Dome Ry. Servs., Div. Of St. Louis Refrig. Car, 987 F. Supp. 682 (S.D. Ill. 1997).published
- Martin v. Weyerhaeuser Co., 616 F. Supp. 2d 1210 (E.D. Okla. 2007).published
- Salzer v. Jocquel Supply (In Re Salzer), 180 B.R. 523 (Bankr. N.D. Ind. 1993).published
- Tanneberger v. Paeplow (In Re Paeplow), 217 B.R. 705 (Bankr. D. Vt. 1998).published
- Indep. Bankgroup, Inc. v. Fed. Deposit Ins. (In Re Indep. Bankgroup, Inc.), 217 B.R. 442 (Bankr. D. Vt. 1998).published
- Dixie Aire Title Servs., Inc. v. SPW, L.L.C., 389 B.R. 222 (W.D. Okla. 2008).published
- Gouveia v. Internal Revenue Serv. of the United States (In Re Quality Health Care), 215 B.R. 543 (Bankr. N.D. Ind. 1997).published
- Schroeder v. Busick (In Re Busick), 264 B.R. 518 (Bankr. N.D. Ind. 2001).published
- Forrester v. Staggs (In Re Staggs), 178 B.R. 767 (Bankr. N.D. Ind. 1994).published
- Kontos v. Kontos, 968 F. Supp. 400 (S.D. Ind. 1997).published
- Bailor v. Salvation Army, 854 F. Supp. 1341 (N.D. Ind. 1994).published
- United States v. Zeigler Coal Holding Co., 934 F. Supp. 292 (S.D. Ill. 1996).published
- Daniel v. United States Internal Revenue Serv. (In Re Daniel), 227 B.R. 675 (Bankr. N.D. Ind. 1998).published
- Bollenbacher v. Helena Chem. Co., 934 F. Supp. 1015 (N.D. Ind. 1996).published
- Rayford v. Lumbermens Mut. Cas. Co., 840 F. Supp. 606 (N.D. Ind. 1993).published
- Fed. Deposit Ins. v. Skotzke, 881 F. Supp. 364 (S.D. Ind. 1994).published
- United States Postal Serv. v. Univ. Publ'g Corp., 835 F. Supp. 489 (S.D. Ind. 1993).published
- Hanselman v. Fiedler, 822 F. Supp. 1342 (E.D. Wis. 1993).published
- Nat'l Ass'n of Psychiatric Treatment Centers for Child. v. Mendez, 857 F. Supp. 85 (D.D.C. 1994).published
- Liberty Mut. Ins. v. Connecticut Indem. Co., 857 F. Supp. 1300 (N.D. Ind. 1994).published
- In Re Consol. Indus. Corp., 330 B.R. 712 (Bankr. N.D. Ind. 2005).published
- Pryner v. Tractor Supply Co., Inc., 927 F. Supp. 1140 (S.D. Ind. 1996).published
- Sieberns v. Wal-Mart Stores, Inc., 946 F. Supp. 664 (N.D. Ind. 1996).published
- Alter v. SCM Off. Supplies, Inc., 906 F. Supp. 1243 (N.D. Ind. 1995).published
- Wokas v. Dresser Indus., Inc., 978 F. Supp. 839 (N.D. Ind. 1997).published
- Rice v. Genova Prods., Inc., 978 F. Supp. 813 (N.D. Ind. 1997).published
- Melvin v. Patterson, 965 F. Supp. 1212 (S.D. Ind. 1997).published
- Arnett v. Tuthill Corp., Fill-Rite Div., 849 F. Supp. 654 (N.D. Ind. 1994).published
- Kwatowski v. Runyon, 917 F. Supp. 877 (D. Mass. 1996).published
- United States v. Golden Elevator, Inc., 868 F. Supp. 1063 (C.D. Ill. 1994).published
- Cobin v. Rice, 823 F. Supp. 1419 (N.D. Ind. 1993).published
- Caparaso v. Comm'r, 907 F. Supp. 1235 (N.D. Ind. 1995).published
- Young v. Lincoln Nat'l Corp., 937 F. Supp. 1326 (N.D. Ind. 1996).published
- Harless Ex Rel. Harless v. Darr, 937 F. Supp. 1339 (S.D. Ind. 1996).published
- Cent. Midwest Interstate Low-Level Radioactive Waste Comm'n v. O'Leary, 858 F. Supp. 114 (C.D. Ill. 1994).published
- Hi-Way Dispatch, Inc. v. United States, 858 F. Supp. 880 (N.D. Ind. 1994).published
- Herriman v. Conrail, Inc., 887 F. Supp. 1148 (N.D. Ind. 1995).published
- Hall v. Cropmate, 887 F. Supp. 1193 (S.D. Ind. 1995).published
- Bollenbacher v. Helena Chem. Co., 926 F. Supp. 781 (N.D. Ind. 1996).published
- Boyd v. Herron, 39 F. Supp. 2d 1129 (N.D. Ind. 1999).published
- Atkins v. Sch. Com'rs of City of Indianapolis, 830 F. Supp. 1169 (S.D. Ind. 1993).published
- Rayl v. Fort Wayne Cmty. Schs., 87 F. Supp. 2d 870 (N.D. Ind. 2000).published
- Soderstrand v. Oklahoma ex rel. Bd. of Regents of Oklahoma Agric. & Mech. Colleges, 463 F. Supp. 2d 1308 (W.D. Okla. 2006).published
- Action Wholesale Liquors v. Oklahoma Alcoholic Beverage Laws Enf't Comm'n, 463 F. Supp. 2d 1294 (W.D. Okla. 2006).published
- Griffin v. City of Chicago, 406 F. Supp. 2d 938 (N.D. Ill. 2005).published
- Burt v. Makita USA, Inc., 212 F. Supp. 2d 893 (N.D. Ind. 2002).published
- Thornton v. T & W Tire, L.P., 410 F. Supp. 2d 1098 (W.D. Okla. 2006).published
- United States v. SCA Servs. of Indiana, Inc., 837 F. Supp. 946 (N.D. Ind. 1993).published
- Ball-Foster Glass Container Co. v. Am. Flint Glass Workers Union, 354 F. Supp. 2d 839 (N.D. Ind. 2002).published
- Pulliam v. United Auto Workers, 354 F. Supp. 2d 868 (W.D. Wis. 2005).published
- Amica Life Ins. v. Barbor, 488 F. Supp. 2d 750 (N.D. Ill. 2007).published
- Daniels v. Area Plan Comm'n of Allen Cnty., 125 F. Supp. 2d 338 (N.D. Ind. 2000).published
- Wagoner v. CSX Transp., Inc., 246 F. Supp. 2d 1002 (N.D. Ind. 2003).published
- Ward v. Healthsouth Corp., 393 F. Supp. 2d 1213 (W.D. Okla. 2005).published
- Frank Music Corp. v. Sugg, 393 F. Supp. 2d 1145 (W.D. Okla. 2005).published
- Roberts v. Cohn, 63 F. Supp. 2d 921 (N.D. Ind. 1999).published
- United Food & Com. Workers Union Local 700 v. Kroger Co., 132 F. Supp. 2d 709 (N.D. Ind. 2001).published
- Krieg v. Seybold, 427 F. Supp. 2d 842 (N.D. Ind. 2006).published
- DeGroff v. Mascotech Forming Tech.-Fort Wayne, Inc., 179 F. Supp. 2d 896 (N.D. Ind. 2001).published
- Micro Networks Corp. v. HIG Hightec, Inc., 195 F. Supp. 2d 255 (D. Mass. 2001).published
- Equal Emp. Opportunity Comm'n v. Gen. Elec. Co., 17 F. Supp. 2d 824 (N.D. Ind. 1998).published
- Armes v. Noble Cnty. Sheriff Dep't, 215 F. Supp. 2d 1008 (N.D. Ind. 2002).published
- B.S. Ex Rel. Schneider v. Bd. of Sch. Trs., Fort Wayne Cmty. Schs., 255 F. Supp. 2d 891 (N.D. Ind. 2003).published
- Wagner Ex Rel. Wagner-Garay v. Fort Wayne Cmty. Schs., 255 F. Supp. 2d 915 (N.D. Ind. 2003).published
- Nat'l Fire Ins. Co. of Hartford v. NWM-OKLAHOMA, 546 F. Supp. 2d 1238 (W.D. Okla. 2008).published
- Cagle v. Flick, 3 F. Supp. 2d 982 (N.D. Ind. 1998).published
- Del Signore v. Asphalt Drum Mixers, 182 F. Supp. 2d 730 (N.D. Ind. 2002).published
- Governmental Interinsurance Exch. v. City of Angola, 8 F. Supp. 2d 1120 (N.D. Ind. 1998).published
- OmniSource Corp. v. NCM Americas, Inc., 313 F. Supp. 2d 880 (N.D. Ind. 2004).published
- Westinghouse Elec. Corp. v. McLean, 938 F. Supp. 487 (N.D. Ill. 1996).published
- Fall v. Indiana Univ. Bd. of Trs., 12 F. Supp. 2d 870 (N.D. Ind. 1998).published
- Warsco v. Preferred Technical Grp., Inc., 252 B.R. 459 (N.D. Ind. 2000).published
- Hearn v. Mark H. Wentworth Home for Chronic Invalids (In re Hearn), 174 B.R. 679 (Bankr. D. Vt. 1994).published
- Allen v. Krueger Ringier, Inc. (In re Allen), 183 B.R. 519 (Bankr. N.D. Ill. 1994).published
- Brown v. Griggsville Cmty. Unit Sch. Dist. No. 4, 817 F. Supp. 734 (C.D. Ill. 1993).published
- McNeal v. Ellerd, 823 F. Supp. 627 (E.D. Wis. 1993).published
- Taylor v. United States Army, 842 F. Supp. 1073 (N.D. Ill. 1993).published
- Lutheran Hosp. of Indiana Inc. v. Bus. Men's Assurance Co. of Am., 845 F. Supp. 1275 (N.D. Ind. 1994).published
- Complete Auto Transit, Inc. v. Chauffeurs, Teamsters & Helpers Local Union No. 414, 848 F. Supp. 836 (N.D. Ind. 1994).published
- Rayford v. Lumbermens Mut. Cas. Co., 851 F. Supp. 1247 (N.D. Ind. 1994).published
- Johnson v. Runyon, 858 F. Supp. 747 (N.D. Ill. 1994).published
- Jacksonville Area Ass'n for Retarded Citizens v. Gen. Serv. Employees Union, Local 73, 858 F. Supp. 791 (C.D. Ill. 1994).published
- United Farm Bureau Ins. v. Metro. Human Relations Comm'n, 859 F. Supp. 323 (N.D. Ind. 1993).published
- Johnston v. So, 859 F. Supp. 1197 (N.D. Ind. 1994).published
- Russell v. Acme-Evans Co., 881 F. Supp. 378 (S.D. Ind. 1994).published
- Indiana Pharmacists Ass'n v. Indiana Fam. & Soc. Servs. Admin., 881 F. Supp. 395 (S.D. Ind. 1994).published
- Harrison v. Larue D. Carter Mem'l Hosp., 882 F. Supp. 128 (S.D. Ind. 1994).published
- Buffington v. Metcalf, 883 F. Supp. 1194 (S.D. Ind. 1994).published
- Nielsen v. Int'l Ass'n of Machinists & Aerospace Workers, Local Lodge 2569, 895 F. Supp. 1103 (N.D. Ind. 1995).published
- Harding v. Fort Wayne Foundry/Pontiac Div., Inc., 919 F. Supp. 1223 (N.D. Ind. 1996).published
- Indiana Gas Co. v. Aetna Cas. & Sur. Co., 946 F. Supp. 634 (N.D. Ind. 1996).published
- King v. Damiron Corp., 987 F. Supp. 1088 (N.D. Ind. 1996).published
- McClelland v. Armstrong, No. 2:20-cv-00366 (E.D. Wis. Oct. 12, 2022).
At page 106 Determining sufficiency of evidence for summary judgment30 citing cases“the mere possibility that a factual dispute may exist, without more, is an insufficient basis upon which to justify denial of a motion for summary judgment.”
- Carl Kale v. Combined Ins. Co. of Am., Carl Kale v. Combined Ins. Co. of Am., 861 F.2d 746 (1st Cir. 1988).published See Vaught, 745 F.2d at 412; Posey, 702 F.2d at 105 ; Brudne v. Amalgamated Trust & Savings Bank, 627 F.Supp. 458, 464-65 (N.D.Ill.1986); Butz, 554 F.Supp. at 1182 ; Downie v. Electric Boat Division, 504 F.Supp. 1082, 1086 (D.Conn.1980); b…
- Lins v. Pennsylvania Soc'y for the Prevention of Cruelty to Animals, No. 5:21-cv-03975 (E.D. Pa. June 23, 2023).Servs. of Am., Inc. v. Inn Dev. & Mgmt., Inc., 182 F.3d 51, 55 (1st Cir. 1999); Posey v. Skyline Corp., 702 F.2d 102, 106 (7th Cir. 1983)).
- Plemmons v. Rokey, No. 3:18-cv-50389 (N.D. Ill. June 3, 2022).(explaining that “the mere possibility that a factual dispute may exist, without more, is an insufficient basis upon which to justify denial of a motion for summary judgment)
- Baker v. Goodman, No. 2:19-cv-00251 (D. Me. Feb. 25, 2022).Goodman submits that “[t]he Plaintiffs’ reliance on the statements in Mr. Robinson’s declaration to attempt to generate an issue of fact on this point is misplaced” as “Mr. Robinson does not state that Mr. Baker was not holding a weapon at…
- Cosman v. Busey Bank, No. 3:20-cv-50298 (N.D. Ill. May 12, 2021). In Posey v. Skyline Corp., the Seventh Circuit found no genuine dispute of material fact in an employment discrimination case when the defendant company filed affidavits asserting that it had conspicuously posted the required notice in the…
- Argun v. Neiman Marcus Grp., Inc., No. 2:19-cv-14548, 2020 WL 1272247 (D.N.J. Mar. 16, 2020).(inability to recallisa “mere possibility” of a fact dispute and is insufficient basis to deny a motion for summary judgment)
- Barnes v. Nw. Repossession, LLC, 210 F. Supp. 3d 954 (N.D. Ill. 2016).publishedIn the end, the “mere possibility that a factual dispute may exist, without more, is an insufficient basis upon which to justify denial of a motion for summary judgment.” Posey v. Skyline Corp., 702 F.2d 102, 106 (7th Cir.1983).
- Johnnie Everage v. Marvin Runyon, Postmaster Gen., 998 F.2d 1016 (7th Cir. 1993).unpublished
- I v. Servs. of Am., Inc. v. Inn Dev. & Mgmt., Inc., 182 F.3d 51 (1st Cir. 1999).published
- Patricia Babrocky v. Jewel Food Co. & Retail Meatcutters Union, Local 320, Defendants, 773 F.2d 857 (7th Cir. 1985).published
Show 18 more citing cases
- Blanche Matthiessen v. Bd. of Educ. of North Chicago Cmty. High Sch. Dist. 123, Lake Cnty., Illinois, 857 F.2d 404 (7th Cir. 1988).published
- Greer Props., Inc. v. LaSalle Nat'l Bank, 874 F.2d 457 (7th Cir. 1989).published
- John J. Whetstine v. The Gates Rubber Co. & Squibb-Taylor, Inc., 895 F.2d 388 (7th Cir. 1990).published
- prod.liab.rep. (Cch) P 13,002 Cleremont L. Covalt & Ahnighita M. Covalt v. Carey Canada, Inc. & Union Carbide Corp., 950 F.2d 481 (7th Cir. 1991).published
- Jakob UNTERREINER, Plaintiff-Appellant, v. VOLKSWAGEN OF Am., Inc., Defendant-Appellee, 8 F.3d 1206 (7th Cir. 1993).published
- Sidney v. Allen, 441 S.E.2d 561 (N.C. Ct. App. 1994).published
- Ludwikoski v. Kurotsu, 875 F. Supp. 727 (D. Kan. 1995).published
- Burnett v. Montgomery Ward & Co., Inc., 678 F. Supp. 1423 (W.D. Mo. 1988).published
- In Re Alcom Am. Corp., 156 B.R. 873 (D.D.C. 1993).published
- Edgeworth v. Fort Howard Paper Co., 673 F. Supp. 922 (N.D. Ill. 1987).published
- Austin v. Disney Tire Co., Inc., 815 F. Supp. 285 (S.D. Ind. 1993).published
- Holly v. City of Naperville, 603 F. Supp. 220 (N.D. Ill. 1985).published
- Reichelt v. Urban Inv. & Dev. Co., 611 F. Supp. 952 (N.D. Ill. 1985).published
- Simons v. City of Columbus, 593 F. Supp. 876 (N.D. Miss. 1984).published
- Powers v. Dole, 607 F. Supp. 841 (N.D. Ill. 1984).published
- Cemond v. Smith, 753 F. Supp. 713 (N.D. Ill. 1990).published
- 39 Fair empl.prac.cas. 1774, 39 Empl. Prac. Dec. P 35,912 Michael F. Powers v. Elizabeth Hanford Dole, Sec'y of the United States Dep't of Transp., 782 F.2d 689 (7th Cir. 1986).published
- Powers v. Dole, 782 F.2d 689 (7th Cir. 1986).published
At page 104 Analyzing statute of limitations for age discrimination claims23 citing cases“when a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of the adverse party's pleadings ... "); posey v. skyline corp., 702 f.2d 102, 105 (7th cir.) (”
- Nat'l Ass'n of Mfrs. v. Nat'l Labor Relations Bd., 717 F.3d 947 (D.C. Cir. 2013).published Kephart, 581 F.2d at 1289 , and several of the other cases the Board relied upon described tolling for failure to post a notice required by statute as a "penalty.” See Posey v. Skyline Corp., 702 F.2d 102, 104-05 (7th Cir.1983); Bonham v.…
- Nat'l Ass'n of Mfrs. v. Nat'l Labor Relations Bd., 846 F. Supp. 2d 34 (D.D.C. 2012).publishedMed. & Surgi cal Serv., 714 F.2d 556 , 563-64 (5th Cir. 1983); Vance v. Whirlpool Corp., 716 F.2d 1010, 1012-13 (4th Cir. 1983); Posey v. Skyline Corp., 702 F.2d 102, 104-05 (7th Cir. 1983); Bonham v. Dresser Indus., Inc., 569 F.2d 187, 19…
- Korf v. Ball State Univ., 726 F.2d 1222 (7th Cir. 1984).published
- The Atchison, Topeka & Santa Fe Ry. Co., & Bhd. of Locomotive Engineers, Plaintiff-Intervenor v. The United Transp. Union, 734 F.2d 317 (7th Cir. 1984).published
- Frank HERMAN & Frank Mullaney, Plaintiffs-Appellants, v. Nat'l Broad. Co., INC., Defendant-Appellee, 744 F.2d 604 (7th Cir. 1984).published
- Janowiak v. Corp. City of South Bend, 750 F.2d 557 (7th Cir. 1984).published
- Linhart v. Glatfelter, 771 F.2d 1004 (7th Cir. 1985).published
- 40 Fair empl.prac.cas. 311, 39 Empl. Prac. Dec. P 35,971 E. Kingsley Mull v. Arco Durethene Plastics, Inc., Successor to Arco Polymers, Inc., & Atl. Richfield Co., Appeal of Eugene Crane, Bankr. Tr. in the Matter of E. Kingsley Mull, 784 F.2d 284 (7th Cir. 1986).published
- Brown v. Fed'n of State Med. Boards, 830 F.2d 1429 (7th Cir. 1987).published
- Virgil T. WHEELDON, Plaintiff-Appellant, v. MONON Corp., Defendant-Appellee, 946 F.2d 533 (7th Cir. 1991).published
Show 10 more citing cases
- Gilbert H. Daugherity v. Traylor Bros., Inc., 970 F.2d 348 (7th Cir. 1992).published
- DeHoyos v. John Mohr & Sons, 629 F. Supp. 69 (N.D. Ind. 1984).published
- Harris v. WGN Cont'l Broad. Co., 650 F. Supp. 568 (N.D. Ill. 1986).published
- Schroeder v. Copley Newspaper, 691 F. Supp. 1127 (N.D. Ill. 1988).published
- Grabski v. Finn, 630 F. Supp. 1037 (E.D. Wis. 1986).published
- Williams v. Comm'n on Human Rights & Opportunities, 786 A.2d 1283 (Conn. App. Ct. 2001).published
- Seibt v. Peterson, 609 F. Supp. 990 (N.D. Ill. 1985).published
- Selgado v. Am. Feed & Livestock Co., 628 F. Supp. 123 (E.D. Wis. 1986).published
- Linhart v. Glatfelter, 771 F.2d 1004 (7th Cir. 1985).published
- Mull v. Arco Durethene Plastics, Inc., 784 F.2d 284 (7th Cir. 1986).published
At page 103 Requirements for filing charge with equal employment opportunity commission3 citing cases
- Mecene Nazaire v. Trans World Airlines, Inc. & Int'l Ass'n of MacHinists & Aerospace Workers, 807 F.2d 1372 (7th Cir. 1986).published
- Chambers v. Eur. Am. Bank & Trust Co., 601 F. Supp. 630 (E.D.N.Y. 1985).published
- United Indep. Flight Officers, Inc. v. United Air Lines, Inc., 572 F. Supp. 1494 (N.D. Ill. 1983).published
At page 111 Determining adequacy of required statutory notice posting3 citing cases
- 38 Fair empl.prac.cas. 1509, 38 Empl. Prac. Dec. P 35,500 Joann Ford Box v. A & P Tea Co., Paula Brockhouse v. A & P Tea Co., Amalgamated Meat Cutters & Butcher Workmen of North Am., Local 320 & Int'l Bhd. of Amalgamated Meat Cutters & Butcher Workmen of North Am., 772 F.2d 1372 (7th Cir. 1985).published
- Babrocky v. Jewel Food Co., 645 F. Supp. 1396 (N.D. Ind. 1986).published
- Box v. A & P Tea Co., 772 F.2d 1372 (7th Cir. 1985).published
v.
Skyline Corporation
Reporter's Syllabus editorial summary, not part of the Court's opinion
John J. Gaydos, Herron & Gaydos, Elkhart, Ind., for plaintiff-appellant.
R. Michael Parker, Thornburg, McGill, Deahl, Harman, Carey & Murray, Elkhart, Ind., for defendant-appellee.
Before CUDAHY, ESCHBACH and POSNER, Circuit Judges.
ESCHBACH, Circuit Judge.
Lead Opinion
Edward R. Posey brought suit against Skyline Corporation, his former employer, for an alleged wrongful discharge in violation of the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. The district court granted Skyline’s motion for summary judgment on the ground that Po-sey failed to file a timely charge alleging unlawful discrimination with the EEOC as is required by 29 U.S.C. § 626(d). We affirm.
I.
For the purposes of our review of the district court’s entry of summary judgment, we will construe the facts alleged in their light most favorable to Posey. These factual allegations are found in Posey’s pleadings and affidavit.
The Skyline Corporation is engaged in the manufacture and sale of mobile and modular homes in Indiana. Edward Posey was hired by Skyline in 1957 and by 1977 he had been promoted to the position of plant manager. On March 1, 1977, Posey sustained a work-related injury which required the surgical replacement of his left hip joint. He returned to work as plant manager on October 1, 1977.
Posey was reinjured on September 5, 1978, and shortly thereafter was granted a medical leave without pay for an indefinite period of time. On October 13, 1978, without any notification, Posey’s employment was terminated. Posey began to receive weekly workmen’s compensation benefits on that date. These payments continued until April 1980.
On June 4, 1979, Posey approached Skyline officials to inquire about his profit sharing benefits and the possibility of returning to work. In response to the latter inquiry, Posey was told: “Don’t you under[*104]stand? You were terminated on October 13, 1978.” Posey replied: “You mean after twenty-two years I was terminated without notice?” Skyline officials, after responding affirmatively, told Posey that he had been terminated because of his age (54) and because of his ill health.
Posey contacted attorney John Gardos on June 30,1980, to solicit assistance in acquiring additional workmen’s compensation and medical benefits, which had ceased in April of 1980. Posey alleges that at this time he did not realize that he had a potential cause of action under the Age Discrimination in Employment Act. Posey’s attorhey contacted the legal department of Skyline on July 3, 1980 to discuss “the termination of Posey.” A follow-up letter was sent by Posey’s attorney to Skyline on July 14,1980. Evidently, Gaydos was unable to obtain any further benefits for Posey. With this fact in mind, and with the realization that he would not be rehired by Skyline, Posey reviewed the facts of his termination with his attorney on September 18, 1980. It was at this point, Posey asserts, that he realized for the first time that he had a cause of action based on age discrimination. On October 10, 1980, suit was commenced in district court.
On December 22, 1980, Skyline filed a motion for summary judgment, alleging that Posey failed to file the requisite notice of charge of unlawful discrimination with the EEOC within 180 days of the alleged discrimination. On March 3, 1981, Posey filed the required charge with the EEOC. The district court granted Skyline’s motion for summary judgment a week later. This appeal followed.
II.
The Age Discrimination in Employment Act requires in relevant part that:
No civil action may be commenced by an individual under this section until 60 days after a charge alleging unlawful discrimination has been filed with the Secretary. Such a charge shall be filed—
(1) within 180 days after the alleged unlawful practice occurred;
29 U.S.C. § 626(d)(1). All functions that were vested in the Secretary of Labor pursuant to this Act have been transferred to the Equal Employment Opportunity Commission. See 1978 Reorg. Plan No. 1, § 2, 43 F.R. 19807, 92 Stat. 3781. The purposes behind the requirement that a charge be initially filed with the EEOC prior to the commencement of a lawsuit are: (1) to provide the EEOC with an opportunity to achieve a conciliation of the complaint while the complaint is still fresh, and (2) to give early notice to the employer of a possible lawsuit, thereby promoting the preservation of evidence as well as good faith negotiating on the part of the employer during the conciliation period. Dartt v. Shell Oil Co., 539 F.2d 1256, 1261 (10th Cir.1976), affirmed per curiam by equally divided court, 434 U.S. 99, 98 S.Ct. 600, 54 L.Ed.2d 270 (1977). A lawsuit may be commenced by an aggrieved party only after a charge has been timely filed with the EEOC, thereby insuring that the EEOC is provided with an opportunity to seek a conciliation between the parties.
This Court has held, however, that the 180 day period in which a charge must be filed with the EEOC is not absolute but is subject to equitable modification. See Kephart v. Institute of Gas Technology, 581 F.2d 1287, 1289 (7th Cir.1978), cert. denied, 450 U.S. 959, 101 S.Ct. 1418, 67 L.Ed.2d 383 (1981). In Kephart, we noted that Congress imposed upon employers the duty to post in a conspicuous place a notice which advises employees of their rights under the Age Discrimination in Employment Act. Id. at 1289.[1] This posting of notice requirement was apparently deemed necessary by Congress to guarantee that employees would be fully informed of their rights under the ADEA. Id. Accordingly, to insure that[*105] employers would not breach the posting requirement without penalty, as well as-"to effectuate the remedial purposes of the ADEA, we concluded in Kephart that the 180 day period in which a charge must be filed with the EEOC was tolled by an employer’s failure to post a conspicuous notice of ADEA rights. Specifically, we held that if an employer fails to post in a conspicuous manner the required notice of ADEA rights, the 180 day period will not begin to run until the employee either retains an attorney or acquires actual knowledge of his rights under the ADEA. Id.
In this case Posey argues that he is entitled to the equitable modifications established by Kephart. In order to be so entitled, however, there must exist an issue of fact concerning whether Skyline had conspicuously posted the required notice of ADEA rights. Without such a factual dispute, the 180 day period in which a charge must have been filed with the EEOC would have begun to run at the date of the alleged unlawful discharge, in this case being at best June 4, 1979.
To create a question of fact, an adverse party responding to a properly made and supported summary judgment motion must set forth specific facts showing that there is a genuine issue for trial. See Macklin v. Butler, 553 F.2d 525, 528 (7th Cir.1977); Rule 56(e), Fed.R.Civ.P. A party may not rest on mere allegations or denials of his pleadings; similarly, a bare contention that an issue of fact exists is insufficient to raise a factual issue. See Shacket v. Philko Aviation, Inc., 681 F.2d 506, 513 n. 8 (7th Cir.1982); Whitfield v. Gangas, 507 F.2d 880, 882 (10th Cir.1974). Rule 56 of the Federal Rules of Civil Procer dure clearly requires that an adverse party set forth specific facts showing a genuine issue for trial.
As part of its motion for summary judgment, the defendant Skyline Corporation submitted two affidavits to the district court, both averring that Skyline had In fact conspicuously posted the required ADEA notice of rights. The affidavit of Delvin D. Herr, Division Manager of Skyline, stated in pertinent part that:
“I know, of my own personal knowledge, that from and after February 19, 1977, there was continuously posted in the lunch room of the Skyline plant of which I am Division Manager, a notice of an individual's rights under the Age Discrimination in Employment Act. Said notice was conspicuously and continuously posted in the employees’ lunch room ft
Robert Szrom, Vice President of Human Resources for Skyline, also averred that:
“Skyline records indicate that the requisite notice to employees of their rights under the Age Discrimination in Employment Act has been continuously posted in the Skyline plant
Submitted with this affidavit was a “true copy” of the notice posted by Skyline, as well as photographs of the lunch room where the ADEA notice was posted.
In response to these affidavits, Posey submitted an affidavit in which he personally averred:
“That he frequently, i.e., almost every working day, glanced at the posters on the bulletin board in the employees’ lunch room adjacent to the plant’s production area of the Goshen plant ... and promptly read any new posted notices, and that he never saw and does not recall ever reading a notice to employees of their rights under the Age Discrimination in Employment Act as stated in the affidavits of Robert F. Szrom and Delvin D. Herr.”
Posey submitted no other evidence suggesting that Skyline Corporation failed to comply with the posting of notice requirement.
Applying the previously discussed principles of summary judgment, we must conclude that Posey’s statement is insufficient to create a question of fact concerning whether Skyline had conspicuously posted the ADEA notice. The affidavits submitted by Skyline Corporation uncontrovertedly indicate that the company did indeed conspicuously post the requisite no[*106]tice.[2] Posey’s affidavit merely indicates that Posey never saw the ADEA notice, which is not the same as an averment that the notice was not in fact conspicuously posted. This is no doubt a very close distinction, but it is one we must draw, especially in light of the strict requirements of Rule 56 of the Federal Rules of Civil Procedure. Although it is true that a court should give to the party opposing a summary judgment motion the benefit of all reasonably drawn inferences, see Adickes v. S.H. Kress & Co., 398 U.S. 144,157, 90 S.Ct. 1598, 1608, 26 L.Ed.2d 142 (1970), the mere possibility that a factual dispute may exist, without more, is an insufficient basis upon which to justify denial of a motion for summary judgment. See Quinn v. Syracuse Model Neighborhood Corp., 613 F.2d 438, 445 (2d Cir.1980). Posey’s affidavit perhaps at best hints that a question of fact may exist in this case. Rule 56, however, demands that Posey show specific facts indicating that a genuine issue does indeed exist for trial. This requirement simply had not been met. Neither the district court nor this Court has an obligation to hypothesize or speculate about the various implications of Posey’s factual presentation. Unsupported by other evidence, Posey’s averment that he never saw an ADEA poster at Skyline fails to go far enough to rebut Skyline’s unambiguous affidavits.
As such, the 180 day period mandated by § 626(d)(1) began to run at best no later than June 4, 1979, which is the date Posey claims he discovered he had been discharged. Posey’s charge of unlawful discrimination was not filed until March 2, 1981, well beyond the 180 day limit. This filing obviously failed to satisfy the requirements of section 626(d)(1).
III.
The procedural requirements for commencing an action under the ADEA are clear. There is no question, either of law or fact, that Posey failed to comply with the statutory requirements of section 626(d). Accordingly, the order and judgment of the district court is
Affirmed.
Specifically, section 627 of the Act provides: Every employer .. . shall post and keep posted in conspicuous places upon its premises a notice to be prepared or approved by the Secretary setting forth information as the Secretary deems appropriate to effectuate the purposes of this chapter.
The notice posted at Skyline stated in part that: “If you wish to file your own suit, you must do so within prescribed time limits. It is important to contact the division promptly.” Posey argues that even if the company did post a notice, it was inadequate to inform him of the 180 day charge requirement. In support of this contention, he refers to several more recent Department of Labor ADEA posters in which the time requirements of 29 U.S.C. § 626(d) were specifically delineated. We disagree with this contention. Section 627 clearly indicates that the content of the ADEA posters is a matter for the Secretary’s discretion. The fact that the Secretary later chose to spell out the time requirements of 29 U.S.C. § 626(d) in a more elaborate fashion in no way detracts from the validity of the earlier poster. The notice posted at Skyline was prepared by the Department of Labor and, moreover, made it clear that some time constraints did in fact exist. Posey’s argument regarding the adequacy of the ADEA poster must accordingly fail.
Dissent
dissenting.
I cannot agree that Posey’s affidavit fails to state specific facts. It is quite specific as to the regularity of his perusal of the bulletin board and as to his practice of promptly reading new notices. It is also quite specific about what he did not see or recall reading. Its only deficiency, if there is one, is in its failure to make explicit the obvious inference to be drawn from the facts set forth, namely that no ADEA notice was posted. Presumably, if Posey had added the statement “Therefore, the ADEA notice described in the affidavits of Szrom and Herr was not posted” to his affidavit quoted by the majority, the issue of material fact would have been indisputably drawn. The majority is applying a rigid common-law pleading approach to summary judgment practice which seems to me manifestly inconsistent with the spirit of the Federal Rules.
Posey “should be given the benefit of all inferences reasonably deducible from the evidence.” Federal Procedure, L.Ed. § 62:546 (1981); Adickes v. S.H. Kress & Co., 398 U.S. 144, 158-59, 90 S.Ct. 1598, 1608-09, 26 L.Ed.2d 142 (1970). Here the majority is simply determining that Szrom[*107] and Herr are more credible than Posey. This is a determination which we are not at liberty to make on summary judgment. See Federal Procedure § 62:547. Further discovery might eliminate the issue of fact as to posting of the notice without need for trial. However, I do not believe we are free to take impermissible liberties with these quite conflicting affidavits as a short cut to disposition of this case.
I therefore respectfully dissent.