Ciara Vesey v. Envoy Air, Inc., 999 F.3d 456 (7th Cir. 2021). · Go Syfert
Ciara Vesey v. Envoy Air, Inc., 999 F.3d 456 (7th Cir. 2021). Cases Citing This Book View Copy Cite
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cited 15× by 15 distinct cases, 2022–2025 · 4 courts→ Stable · …relief under rule 59(e) is an 'extraordinary remedy reserved for the exceptional case. at p. 463 Topic ↗
103 citation events (103 in the last 25 years) across 7 distinct courts.
Treatment trajectory · 2021 → 2026 · click a year to view as-of
2021 2023 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Nathaniel McCray v. Charles Truitt, Warden, Stateville Correctional Center
N.D. Ill. · 2026 · signal: see also · quote attribution · 1 verbatim quote · confidence high
relief under rule 59(e) is an extraordinary remedy reserved for the exceptional case.
discussed Cited as authority (verbatim quote) Spectrum Brands, Inc. v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associates Identified in Schedule A
N.D. Ill. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
arguments not made in the principal brief are forfeited.
discussed Cited as authority (verbatim quote) United States v. Deon Evans
7th Cir. · 2023 · quote attribution · 1 verbatim quote · confidence high
undeveloped arguments are waived on appeal.
discussed Cited as authority (verbatim quote) United States v. Deon Evans
7th Cir. · 2023 · quote attribution · 1 verbatim quote · confidence high
undeveloped arguments are waived on appeal.
discussed Cited as authority (verbatim quote) Suden v. DeJoy
N.D. Ill. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
an employer's explanation is not pretext if 'the employer honestly believed in the nondiscriminatory reasons it offered.
cited Cited as authority (rule) Penske Truck Leasing, LP v. Central States Southeast and Southwest Areas Pensi
7th Cir. · 2026 · confidence medium
Vesey v. Envoy Air, Inc., 999 F.3d 456, 461 (7th Cir. 2021). 3 II.
cited Cited as authority (rule) Penske Truck Leasing, LP v. Central States Southeast and Southwest Areas Pensi
7th Cir. · 2026 · confidence medium
Vesey v. Envoy Air, Inc., 999 F.3d 456, 461 (7th Cir. 2021). 3 II.
discussed Cited as authority (rule) Laretta Earls-Rozelle v. Erhard R. Chorlé, John Bragg, Thomas R. Jayne, and the Railroad Retirement Board
N.D. Ill. · 2026 · confidence medium
The cat’s paw theory of liability applies “when a biased supervisor who lacks deci- sionmaking power uses the formal decision maker as a dupe in a deliberate scheme to trigger a discriminatory employment action.” Vesey v. Envoy Air, Inc., 999 F.3d 456, 461 (7th Cir. 2021) (cleaned up).
discussed Cited as authority (rule) Michael Robins v. Elite Line Services
N.D. Ill. · 2026 · confidence medium
Proximate cause is established where an “investigation took the [biased subordinate or supervisor’s] complaint into account without determining that the adverse action was, apart from the supervisor’s recommendation, entirely justified or if the investigation relies on facts provided by the biased supervisor.” Gaines v. Dart, 158 F.4th 829 , 835 (7th Cir. 2025) (citing Vesey v. Envoy Air, Inc., 999 F.3d 456, 462 (7th Cir. 2021).
discussed Cited as authority (rule) Terrence Mitchell v. Costello Sury & Rooney, P.C. and MC Property Management Corp.
N.D. Ill. · 2026 · confidence medium
Legal Standard Granting a motion under Rule 59(e) is extraordinary relief, appropriate when a moving party clearly establishes that the court committed a manifest error—factual or legal—or that newly discovered evidence precluded entry of judgment.1 Vesey v. Envoy Air, Inc., 999 F.3d 456, 463 (7th Cir. 2021) (quoting Gonzalez-Koeneke v. West, 1 Mitchell does not specify under which rule he seeks reconsideration.
discussed Cited as authority (rule) Hong Kong Leyuzhen Technology Co. Limited v. Floerns, et al.
N.D. Ill. · 2025 · confidence medium
Instead, "newly discovered evidence can be grounds for relief under Rule 59 only if the party exercised due diligence in discovering it and, nevertheless, only discovered it post-judgment." Vesey v. Envoy Air, Inc., 999 F.3d 456, 463 (7th Cir. 2021); see also Cincinnati Life Ins.
discussed Cited as authority (rule) Li Men v. Inguran LLC
E.D. Wis. · 2025 · confidence medium
Thus, “[r]elief under Rule 59(e) is an ‘extraordinary remed[y] reserved for the exceptional case.’” Vesey v. Envoy Air, Inc., 999 F.3d 456, 463 (7th Cir. 2021) (quoting Gonzalez-Koeneke v. West, 791 F.3d 801, 807 (7th Cir. 2015)).
discussed Cited as authority (rule) Robert L. Tatum v. Jared Hoy, et al.
E.D. Wis. · 2025 · confidence medium
“Relief under Rule 59(e) is an ‘extraordinary remed[y] reserved for the exceptional case.’” Vesey v. Envoy Air, Inc., 999 F.3d 456, 463 (7th Cir. 2021) (quoting Gonzalez-Koeneke v. West, 791 F.3d 801, 807 (7th Cir. 2015)).
discussed Cited as authority (rule) Walker v. Dart
N.D. Ill. · 2025 · confidence medium
Defendants argue a plaintiff may submit “newly discovered evidence” pursuant to Rule 59(e) only if the plaintiff “exercised due diligence in discovering it and, nevertheless, only discovered it post-judgment.” Id. at 7 (quoting Vesey v. Envoy Air, Inc., 999 F.3d 456, 463 (7th Cir. 2021)).
discussed Cited as authority (rule) Morris v. BorgWarner, Inc. (2×)
N.D. Ill. · 2025 · confidence medium
To survive summary judgment on such a theory, the Plaintiff must provide evidence that “a non-decision-making employee with discriminatory animus provided factual information or input that may have affected the adverse employment action” and that the employee’s actions “were a proximate cause of the adverse employment action.” Shreffler v. City of Kankakee, Illinois, No. 21-3376, 2024 WL 1826976 , at *6 (7th Cir. Apr. 26, 2024) (cleaned up) (quoting Miller v. Polaris Lab’ys, LLC, 797 F.3d 486, 490 (7th Cir. 2015) and Vesey v. Envoy Air, Inc., 999 F.3d 456, 462 (7th Cir. 2021)).
discussed Cited as authority (rule) Galarde v. Park District of Oak Park (2×) also: Cited "see"
N.D. Ill. · 2025 · confidence medium
Vesey v. Envoy Air, Inc., 999 F.3d 456, 463 (7th Cir. 2021) (“[That] a supervisor was standoffish, unfriendly, and unapproachable does not establish an objectively hostile work environment.” (cleaned up)); Abrego v. Wilkie, 907 F.3d 1004, 1015 (7th Cir. 2018) (finding that unfair criticism and micro-managing did not create an objectively hostile work environment).
discussed Cited as authority (rule) James Napier v. Orchard School Foundation
7th Cir. · 2025 · confidence medium
Vesey v. Envoy Air, Inc., 999 F.3d 456, 461 (7th Cir. 2021); Gracia v. SigmaTron International, Inc., 842 F.3d 1010, 1019 (7th Cir. 2016) (citing University of Texas Southwestern Medical Center v. Nassar, 570 U.S. 338, 352 (2013)).
discussed Cited as authority (rule) Piontek v. Onjukka
E.D. Wis. · 2025 · confidence medium
“Relief under Rule 59(e) is an ‘extraordinary remed[y] reserved for the exceptional case.’” Vesey v. Envoy Air, Inc., 999 F.3d 456, 463 (7th Cir. 2021) (quoting Gonzalez- Koeneke v. West, 791 F.3d 801, 807 (7th Cir. 2015)).
discussed Cited as authority (rule) James Napier v. Orchard School Foundation
7th Cir. · 2025 · confidence medium
Vesey v. Envoy Air, Inc., 999 F.3d 456, 461 (7th Cir. 2021); Gracia v. SigmaTron International, Inc., 842 F.3d 1010, 1019 (7th Cir. 2016) (citing University of Texas Southwestern Medical Center v. Nassar, 570 U.S. 338, 352 (2013)).
discussed Cited as authority (rule) Lucas v. Commissioner of Social Security
N.D. Ind. · 2025 · confidence medium
“Relief under Rule 59(e) is an ‘extraordinary remedy reserved for the exceptional case.’” Vesey v. Envoy Air, Inc. 999 F.3d 456, 463 (7th Cir. 2021) (quoting Gonzalez-Koeneke v. West, 791 F.2d 801, 807 (7th Cir. 2015)).
discussed Cited as authority (rule) Rajaraman v. Government Employees Insurance Company
E.D. Wis. · 2025 · confidence medium
Thus, relief under Rule 59(e) is an “extraordinary” remedy “reserved for the exceptional case.” Vesey v. Envoy Air, Inc., 999 F.3d 456, 463 (7th Cir. 2021) (quoting Gonzalez-Koeneke v. West, 791 F.3d 801, 807 (7th Cir. 2015)).
discussed Cited as authority (rule) Hill v. Saini
E.D. Wis. · 2025 · confidence medium
Thus, relief under Rule 59(e) is an “extraordinary” remedy 2 “reserved for the exceptional case.” Vesey v. Envoy Air, Inc., 999 F.3d 456, 463 (7th Cir. 2021) (quoting Gonzalez-Koeneke v. West, 791 F.3d 801, 807 (7th Cir. 2015)).
discussed Cited as authority (rule) Burnette v. Tegels
E.D. Wis. · 2025 · confidence medium
“Relief under Rule 59(e) is an ‘extraordinary remed[y] reserved for the exceptional case.’” Vesey v. Envoy Air, Inc., 999 F.3d 456, 463 (7th Cir. 2021) (quoting Gonzalez- Koeneke v. West, 791 F.3d 801, 807 (7th Cir. 2015)).
discussed Cited as authority (rule) Whitcomb v. Sukoway
E.D. Wis. · 2025 · confidence medium
“Relief under Rule 59(e) is an ‘extraordinary remed[y] reserved for the exceptional case.’” Vesey v. Envoy Air, Inc., 999 F.3d 456, 463 (7th Cir. 2021) (quoting Gonzalez-Koeneke v. West, 791 F.3d 801, 807 (7th Cir. 2015)).
discussed Cited as authority (rule) Alexander v. Crown and Common Bar and Grill
E.D. Wis. · 2024 · confidence medium
“Relief under Rule 59(e) is an ‘extraordinary remed[y] reserved for the exceptional case.’” Vesey v. Envoy Air, Inc., 999 F.3d 456, 463 (7th Cir. 2021) (quoting Gonzalez-Koeneke v. West, 791 F.3d 801, 807 (7th Cir. 2015)).
discussed Cited as authority (rule) VERMILLION v. FRANCUM
S.D. Ind. · 2024 · confidence medium
"Relief under Rule 59(e) is an 'extraordinary remedy reserved for the exceptional case.'" Vesey v. Envoy Air, Inc., 999 F.3d 456, 463 (7th Cir. 2021) (quoting Gonzalez-Koeneke v. West, 791 F.3d 801, 807 (7th Cir. 2015)).
cited Cited as authority (rule) Paula Emerson v. Thomas Dart
7th Cir. · 2024 · confidence medium
Vesey v. Envoy Air, Inc., 999 F.3d 456, 463 (7th Cir. 2021).
discussed Cited as authority (rule) Gaines v. Dart (2×)
N.D. Ill. · 2024 · confidence medium
First, “[t]he mere fact that an employee’s wrongdoing was reported by a biased supervisor with a retaliatory or discriminatory motive does not establish liability under a cat’s paw theory.” Vesey v. Envoy Air, Inc., 999 F.3d 456, 462 (7th Cir. 2021).
cited Cited as authority (rule) Bourke v. McDonough
N.D. Ill. · 2024 · confidence medium
The Court must "construe all facts and draw all inferences in the light most favorable to the non-moving party." Vesey v. Envoy Air, Inc., 999 F.3d 456, 459 (7th Cir. 2021).
discussed Cited as authority (rule) Leonard v. Shulkin (2×) also: Cited "see"
N.D. Ill. · 2024 · confidence medium
J.”) at 11–12.) That theory “applies when a biased supervisor who lacks decisionmaking power uses the formal decision maker as a dupe in a deliberate scheme to trigger a discriminatory employment action.” Vesey v. Envoy Air, Inc., 999 F.3d 456, 461 (7th Cir. 2021) (internal quotation marks and citation omitted).
cited Cited as authority (rule) Baker v. Match Group, Inc.
N.D. Ill. · 2023 · confidence medium
Vesey v. Envoy Air, Inc., 999 F.3d 456, 463 (7th Cir. 2021) (quoting Gonzalez-Koeneke v. West, 791 F.3d 801, 807 (7th Cir. 2015)) (citing Cincinnati Life Ins.
discussed Cited as authority (rule) United States of America v. Sikorsky Aircraft Corporation
E.D. Wis. · 2023 · confidence medium
That is so because, during negotiation of the IWA, Phil Bail specifically warned the executives at SSSI and Derco that their proposal to have Derco generate prices by adding 32% to its performance costs potentially violated the prohibition on CPPC contracting, and a jury 8 Although arguments made for the first time in a reply brief are ordinarily forfeited, see, e.g., Vesey v. Envoy Air, Inc., 999 F.3d 456, 464 (7th Cir. 2021), here the intervening change in the law provides good cause to consider the argument. could find that the executives responded by burying their heads in the sand and tel…
cited Cited as authority (rule) STEVENSON v. KIJAKAZI
S.D. Ind. · 2023 · confidence medium
Envoy Air, Inc., 999 F.3d 456, 463 (7th Cir. 2021).
discussed Cited as authority (rule) Altheimer-Umphlett v. Dejoy
N.D. Ill. · 2023 · confidence medium
The fact “that a supervisor was ‘standoffish, unfriendly, and unapproachable [does not] establish[ ] an objectively hostile work environment.’” Vesey v. Envoy Air, Inc., 999 F.3d 456, 463 (7th Cir. 2021) (quoting McKenzie v. Milwaukee Cnty., 381 F.3d 619, 624-25 (7th Cir. 2004)).
discussed Cited as authority (rule) Brad Martin v. Actavis Inc.
7th Cir. · 2023 · confidence medium
Analysis “Relief under Rule 59(e) is an ‘extraordinary remedy re- served for the exceptional case.’” Vesey v. Envoy Air, Inc., 999 F.3d 456, 463 (7th Cir. 2021) (internal alteration omitted) (quoting Gonzalez-Koeneke v. West, 791 F.3d 801, 807 (7th Cir. 2015)).
discussed Cited as authority (rule) Brad Martin v. Actavis Inc.
7th Cir. · 2023 · confidence medium
Analysis “Relief under Rule 59(e) is an ‘extraordinary remedy re- served for the exceptional case.’” Vesey v. Envoy Air, Inc., 999 F.3d 456, 463 (7th Cir. 2021) (internal alteration omitted) (quoting Gonzalez-Koeneke v. West, 791 F.3d 801, 807 (7th Cir. 2015)).
discussed Cited as authority (rule) Moore v. AT&T
C.D. Ill. · 2023 · confidence medium
“This theory applies when a biased supervisor ‘who lacks decisionmaking power uses the formal decision maker as a dupe in a deliberate scheme to trigger a discriminatory employment action.’” Vesey v. Envoy Air, Inc., 999 F.3d 456, 461 (7th Cir. 2021) (quoting Johnson v. Koppers, Inc., 726 F.3d 910, 914 (7th Cir. 2013)).
discussed Cited as authority (rule) Monroe v. Jewel Osco
N.D. Ill. · 2023 · confidence medium
Although “[r]elief under Rule 59(e) is an ‘extraordinary remed[y],” Vesey v. Envoy Air, Inc., 999 F.3d 456, 463 (7th Cir. 2021), it is appropriate when a judgment entered by a court rests on “a manifest error of law or fact.” Cincinnati Life Ins.
discussed Cited as authority (rule) Turner-Harris v. Priebe
E.D. Wis. · 2023 · confidence medium
“Relief under Rule 59(e) is an ‘extraordinary remed[y] reserved for the exceptional case.’” Vesey v. Envoy Air, Inc., 999 F.3d 456, 463 (7th Cir. 2021) (quoting Gonzalez-Koeneke v. West, 791 F.3d 801, 807 (7th Cir. 2015)).
discussed Cited as authority (rule) Riley v. Waterman
E.D. Wis. · 2023 · confidence medium
“Relief under Rule 59(e) is an ‘extraordinary remed[y] reserved for the exceptional case.’” Vesey v. Envoy Air, Inc., 999 F.3d 456, 463 (7th Cir. 2021) (quoting Gonzalez-Koeneke v. West, 791 F.3d 801, 807 (7th Cir. 2015)).
discussed Cited as authority (rule) Arroyo v. Volvo Parts North America LLC
N.D. Ill. · 2022 · confidence medium
“Relief under Rule 59(e) is an ‘extraordinary remed[y] reserved for the exceptional case.’” Vesey v. Envoy Air, Inc., 999 F.3d 456, 463 (7th Cir. 2021) (quoting Gonzalez-Koeneke v. West, 791 F.3d 801, 807 (7th Cir. 2015)).
discussed Cited as authority (rule) Afridi v. BNSF Railway Company
N.D. Ill. · 2022 · confidence medium
Proximate causation does not lie where the employer possessed “independently sufficient reasons, such as corroboration of the allegations,” to “take the adverse action,” Vesey v. Envoy Air, Inc., 999 F.3d 456, 462 (7th Cir. 2021), cert. denied, 142 S. Ct. 401 (2021), and here, Defendant’s ultimate decision-makers, Matthews and Savage, relied on not only Little’s reports but on the summaries from interviews and the totality of the evidence from the company’s internal investigation (which included more than Little’s accounts) to terminate Plaintiff.
discussed Cited as authority (rule) GEFT OUTDOOR LLC v. CITY OF FISHERS, INDIANA
S.D. Ind. · 2022 · confidence medium
Applicable Law Federal Rule of Civil Procedure 59(e) allows a motion to alter or amend a judgment within 28 days after the entry of the judgment.4 "Relief under Rule 59(e) is an extraordinary remedy reserved for the exceptional case." Vesey v. Envoy Air, Inc., 999 F.3d 456, 463 (7th Cir. 2021).
discussed Cited as authority (rule) Parker v. Apel
E.D. Wis. · 2022 · confidence medium
“Relief under Rule 59(e) is an ‘extraordinary remed[y] reserved for the exceptional case.’” Vesey v. Envoy Air, Inc., 999 F.3d 456, 463 (7th Cir. 2021) (quoting Gonzalez- Koeneke v. West, 791 F.3d 801, 807 (7th Cir. 2015)).
cited Cited as authority (rule) RILEY v. CARTER
S.D. Ind. · 2022 · confidence medium
Vesey v. Envoy Air, Incorporated, 999 F.3d 456, 463 (7th Cir. 2021).
cited Cited as authority (rule) DeLaGrange v. Weaver Popcorn Manufacturing, Inc.
N.D. Ind. · 2022 · confidence medium
Vesey v. Envoy Air, Inc., 999 F.3d 456, 462 (7th Cir. 2021).
discussed Cited as authority (rule) United States v. James Vorley
7th Cir. · 2022 · confidence medium
Because any “[u]ndeveloped arguments are waived on appeal.” Vesey v. Envoy Air, Inc., 999 F.3d 456, 464 (7th Cir. 2021), we focus only on this single chat, rather than the series of chats identified by the government using search terms such as “spoof,” “manipulate,” and “help.” Nos. 21‐2242, 21‐2251 & 21‐2666 27 material (the fact must be ‘of consequence in determining the action’).” Id. (quoting Fed.
discussed Cited as authority (rule) FERRELL v. United States (2×) also: Cited "see"
S.D. Ind. · 2022 · confidence medium
A Rule 59(e) motion "is granted to correct a manifest error—factual or legal—or to consider newly discovered evidence." Vesey v. Envoy Air, Inc., 999 F.3d 456, 463 (7th Cir. 2021).
discussed Cited as authority (rule) Johnson v. Soo Line Railroad Company
N.D. Ill. · 2022 · confidence medium
The cat’s paw theory applies “when a biased supervisor who lacks decisionmaking power uses the formal decision maker as a dupe in a deliberate scheme to trigger a discriminatory employment action.” Vesey v. Envoy Air, Inc., 999 F.3d 456, 461 (7th Cir. 2021) (internal quotation marks omitted), cert. denied, 142 S. Ct. 401 (2021).
cited Cited as authority (rule) Blackburn v. BNSF Railway
N.D. Ill. · 2021 · confidence medium
Vesey v. Envoy Air, Inc., 999 F.3d 456, 463 (7th Cir. 2021).
Retrieving the full opinion text from the archive…
Ciara Vesey
v.
Envoy Air, Incorporated
20-1606.
Court of Appeals for the Seventh Circuit.
May 28, 2021.
999 F.3d 456
Scudder coauthor concurs.
Cited by 60 opinions  |  Published  |  civil
Pinpoint authority: bottom 30%
In the

United States Court of Appeals
For the Seventh Circuit
____________________
No. 20-1606
CIARA VESEY,
Plaintiff-Appellant,
v.

ENVOY AIR, INCORPORATED, doing
business as AMERICAN EAGLE AIRLINES, INC.,
Defendant-Appellee.
____________________

Appeal from the United States District Court for the
Central District of Illinois.
No. 4:18-cv-04124-SLD-JEH — Sara Darrow, Chief Judge.
____________________

ARGUED DECEMBER 1, 2020 — DECIDED MAY 28, 2021
____________________

Before SYKES, Chief Judge, and BRENNAN and SCUDDER, Cir-
cuit Judges.

BRENNAN, Circuit Judge. An airline agent was terminated after she abused her travel privileges. She sued, claiming she was harassed because of her race and fired in retaliation for reporting the harassment. The airline maintains it properly handled her complaints and that she was dismissed for just cause.

2 No. 20-1606

The district court granted the airline summary judgment, denied the agent’s motion to alter or amend that judgment, and ordered the agent to pay the airline’s costs. We affirm each of these decisions. I In reviewing a grant of summary judgment, we construe all facts and draw all inferences in the light most favorable to the non-moving party. Pack v. Middlebury Cmty. Sch., 990 F.3d 1013, 1017 (7th Cir. 2021). Here, that is Ciara Vesey, an African American woman who began work in 2012 for Envoy Air, Inc. as a station agent at Quad Cities International Airport in Rock Island County, Illinois. Several incidents occurred during Vesey’s four years of employment with Envoy. For example, in November 2014 she drove a jet bridge into an aircraft. Vesey received a serious reprimand and signed a letter of commitment agreeing to comply with all company rules and regulations. This repri- mand—the last step before termination—was to remain in ef- fect for two years. In 2016, Vesey and other Envoy employees also lodged workplace-related complaints against each other. Beginning in February and March, Vesey complained to the airline’s hu- man resources department of favoritism and bias. Envoy in- vestigated and found her allegations unsubstantiated. But that August, Vesey reported that a coworker, Eric Masengarb, directed racist remarks and actions at her. Envoy found this complaint substantiated and fired Masengarb. Vesey also said that in 2016, one of her lead agents, Carrie McMurray, and her general manager, Teresa White—who had defended Masengarb and sought to rehire him—

No. 20-1606 3

undertook a campaign of retaliation and harassment against her. McMurray lodged a complaint, which was ultimately found unsubstantiated, that Vesey had posted racist content on Facebook. McMurray also told others she did not want to work with Vesey anymore. Both McMurray and White said they wanted Vesey fired. Vesey further claims that previously missing evidence—which she says is cause for reconsidera- tion of the district court’s decision on summary judgment— shows that White pressured Ashley Emerick, another em- ployee, into filing an anonymous complaint alleging that Vesey abused her travel benefits. Envoy’s employment benefits included flying standby for free. As part of her employment, Vesey signed Envoy’s rules and regulations that specified “[a]buse of travel privileges will be grounds for dismissal.” In September 2016, Emerick complained that Vesey was abusing Envoy’s travel benefits. Envoy investigated and concluded that, numerous times throughout 2016, Vesey had abused those benefits and her ac- cess to the airline’s booking system. The company discovered that on two occasions, Vesey— although not intending to travel—had used her employee ac- cess to volunteer to receive a travel voucher in exchange for taking a later flight, which she would then cancel. The first time, other customers volunteered for the travel voucher be- fore her, hampering Vesey’s plan, so she used her employee access to the booking system to cancel her reservation five minutes before the flight was due to take off. The second time Vesey successfully collected a $500 voucher in exchange for postponing her reservation by one day. Never intending to take the trip, she then cancelled the new reservation.

4 No. 20-1606

On two other occasions, Envoy’s investigators found that Vesey put herself on standby for flights for which she already held non-standby reservations. After successfully boarding the flight off the standby list, Vesey would cancel her non- standby reservation. This prevented the airline from selling a seat and improved her odds of flying standby for free. Envoy further discovered that Vesey had convinced another em- ployee to check her in for a return flight via the airline’s book- ing system when she had missed the departure flight on the same reservation. Passengers usually cannot fly only part of their reservation, so by having her co-worker manually check her in through the booking system, Vesey avoided the possi- bility of having to pay change fees. Envoy’s investigators con- cluded that all of these actions by Vesey violated company policy. Before the end of the investigation, Vesey again com- plained to human resources, claiming that McMurray was harassing and stalking her by looking at her travel history. Envoy found this complaint to be unsubstantiated, and that even if the allegations were true, they would not have amounted to improper conduct by McMurray. Given the active reprimand for the jet bridge incident, and the finding that Vesey had abused her travel benefits, the in- vestigator recommended the airline terminate her. A com- pany committee agreed, and Vesey was terminated in October 2016. II Vesey sued Envoy, alleging among other things retaliation and a hostile work environment in violation of Title VII of the Civil Rights Act of 1964 and the Illinois Human Rights Act.

No. 20-1606 5

According to Vesey, Envoy’s findings against her were pre- textual, and the airline investigated and terminated her in re- taliation for her reporting racist and retaliatory conduct by other Envoy employees. Vesey also alleged that she suffered a hostile work environment due to the conduct of Masengarb, McMurray, and White. The district court granted Envoy summary judgment, rul- ing that Vesey was not terminated in retaliation for her con- duct, and that the hostility Vesey claimed she was subjected to did not constitute a racially hostile work environment. Af- ter some dispute, and with some modification, the district court also granted costs to Envoy. Following the district court’s judgment, Vesey discovered that the transcript of Emerick’s deposition she had received from the court reporter was incomplete. Specifically, the part of the transcript Vesey originally submitted to the court omit- ted Emerick’s explanation that White had pressured her to file the complaint about Vesey’s abuse of travel benefits. Vesey moved to alter or amend the judgment against her under Fed- eral Rule of Civil Procedure 59(e). She argued that the previ- ously missing portion of the deposition transcript was newly discovered evidence corroborating her allegation that her ter- mination was retaliatory. The district court ruled against her again, holding that Vesey’s lack of diligence in uncovering the mistake did not make the evidence newly discovered for pur- poses of Rule 59. Vesey now appeals the district court’s grant of summary judgment to Envoy on the retaliation and hostile work envi- ronment claims, as well as the denial of her Rule 59(e) motion. She also asks us to set aside the order granting costs to Envoy.

6 No. 20-1606

III A We review a district court's grant of summary judgment de novo, construing all facts and drawing all inferences in the light most favorable to the non-moving party. Pack, 990 F.3d at 1017. Summary judgment is appropriate if there is no gen- uine dispute as to any material fact and the movant is entitled to judgment as a matter of law. FED. R. CIV. P. 56(a). To sustain a retaliation claim, Vesey must show that (1) she engaged in an activity protected by the statute; (2) she suf- fered an adverse employment action, and (3) there was a causal link between the protected activity and the adverse action. Lewis v. Wilke, 909 F.3d 858, 866 (7th Cir. 2018). For pur- poses of summary judgment, Envoy conceded that Vesey’s filing of complaints was a protected activity and that her ter- mination was an adverse employment action. The only dis- pute, then, is as to the causal link. Vesey does not allege retaliatory motives by Envoy’s in- vestigators who recommended her termination, or by the committee members who approved it. Instead, she argues that Envoy is liable under a cat’s paw theory of liability. This theory applies when a biased supervisor “who lacks decision- making power uses the formal decision maker as a dupe in a deliberate scheme to trigger a discriminatory employment ac- tion.” Johnson v. Koppers, Inc., 726 F.3d 910, 914 (7th Cir. 2013) (internal quotation marks omitted). Vesey claims that White harbored retaliatory animus and encouraged Emerick to file the anonymous complaint against her. But the mere fact that an employee’s wrongdoing was re- ported by a biased supervisor with a retaliatory or

No. 20-1606 7

discriminatory motive does not establish liability under a cat’s paw theory. Where the “investigation results in an ad- verse action for reasons unrelated to the supervisor’s original biased action … then the employer will not be liable.” Staub v. Proctor Hospital, Inc., 562 U.S. 411, 421 (2011). Rather, a plain- tiff must show that the biased supervisor’s actions were a proximate cause of the adverse employment action. Id. at 420. Proximate cause exists only if the investigation took the com- plaint “into account without determining that the adverse action was, apart from the supervisor’s recommendation, en- tirely justified” or if the investigation “relies on facts provided by the biased supervisor.” Id. at 421. 1 So, if an employer’s de- cision to take an adverse employment action did not rely on the credibility of a biased supervisor—that is, the employer believed it had independently sufficient reasons, such as cor- roboration of the allegations, to take the adverse action—then the employee’s cat’s paw theory will fail for lack of proximate cause. See Woods v. City of Berwyn, 803 F.3d 865, 870–71 (7th Cir. 2015) (when terminating employee, city board “did not rely” on the conclusions of an allegedly biased supervisor, in- stead deciding based on facts presented by an unbiased party, so cat’s paw theory of liability did not apply); accord Singh v. Cordle, 936 F.3d 1022, 1038 (10th Cir. 2019) (explaining that proximate cause for a cat’s paw theory exists when the deci- sion to take adverse action is based on “’uncritical reliance’ on facts provided by a biased subordinate”) (citation omitted).

1 This court stated in Staub v. Proctor Hosp. that “[i]t is enough that the decisionmaker is not wholly dependent on a single source of information and conducts her own investigation into the facts relevant to the decision,” 560 F.3d 647, 659 (7th Cir. 2009), but the Supreme Court rejected that standard, rev'd and remanded, 562 U.S. at 420–21 (2011).

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Here, even if Vesey’s general manager had a retaliatory motive, there is no evidence that Envoy’s investigators relied on the veracity of the complaint for anything but initiating the investigation. Indeed, the investigators said they reached their conclusion by reviewing Vesey’s travel history and ac- tivity on various airline systems and by interviewing her and the employee who had helped her modify one of her reserva- tions. No evidence presented by Vesey creates a genuine dis- pute that would allow a reasonable jury to conclude that the result of the investigation was proximately caused by the complaint rather than by the independently sufficient find- ings of Envoy’s investigation. In addition to pressing her cat’s paw theory, Vesey also argues on appeal that she did not violate any Envoy policies and that the alleged violations were therefore mere pretext for a retaliatory firing. But whether Vesey’s conduct was in fact a violation of Envoy’s company policy is beyond the scope of this case. An employer’s explanation is not pretext if “the em- ployer honestly believed in the nondiscriminatory reasons it offered.” Kellogg v. Ball State Univ., 984 F.3d 525, 528 (7th Cir. 2021) (internal quotation marks omitted). White and McMur- ray—the individuals whom Vesey claims had retaliatory ani- mus—were not proximate causes of her firing. She admits that the investigators themselves were not motivated by any discriminatory animus. And the uncontested facts about Vesey’s use of travel benefits reveal her dishonest conduct. She alleges that others were not punished for similar actions, but she incorrectly equates her own conduct with the vastly different (and much more minor) violations of two other em- ployees—accessing their own standby reservations through the reservation system—who were not fired. Vesey was not fired for merely accessing her own standby reservations

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through the wrong system; she was fired for defrauding her employer. No evidence offered by Vesey creates a genuine dispute that would allow a reasonable jury to conclude that Vesey was terminated for any reason other than her abuse of travel benefits. Vesey also faults the district court for improperly rejecting her hostile work environment claim. She contends the racist actions of Masengarb, combined with the retaliatory actions of White and McMurray—being rude to her, and saying they did not want to work with her and wanted her fired— amounted to a hostile work environment. The district court was still correct to grant Envoy summary judgment on this claim. Envoy avoided any liability for Masengarb’s remark by promptly investigating Vesey’s complaint and terminating him. Montgomery v. Am. Airlines, Inc., 626 F.3d 382, 390 (7th Cir. 2010) (holding that employer liability for coworker harassment requires that the employer be “negligent in dis- covering or remedying harassment”). Vesey’s claim that her general manager told other employees she ought to be fired rests only on hearsay. And as we have said, that a supervisor was “standoffish, unfriendly, and unapproachable [does not] establish[] an objectively hostile work environment.” McKen- zie v. Milwaukee Cnty., 381 F.3d 619, 624–25 (7th Cir. 2004). B Vesey also appeals the district court’s denial of her Rule 59(e) motion to alter or amend the judgment given the previ- ously missing portion of Emerick’s deposition. According to Vesey, the newly discovered portion shows that Emerick filed the complaint against her at the urging of White—who Vesey alleges harbored retaliatory animus against her.

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Relief under Rule 59(e) is an “extraordinary remed[y] re- served for the exceptional case.” Gonzalez-Koeneke v. West, 791 F.3d 801, 807 (7th Cir. 2015). It is granted to correct a manifest error—factual or legal—or to consider newly discovered evi- dence. Cincinnati Life Ins. Co. v. Beyrer, 722 F.3d 939, 954 (7th Cir. 2013). We review its denial for abuse of discretion. Id. at 953. Vesey argues the missing part of the transcript is newly discovered evidence. But newly discovered evidence can be grounds for relief under Rule 59 only if the party exercised due diligence in discovering it and, nevertheless, only discov- ered it post-judgment. Id. at 955. Vesey’s lawyers attended Emerick’s deposition, so they were present during the testimony memorialized in the por- tions of the transcript that became the subject of her Rule 59(e) motion. The evidence was therefore discovered on the day of the deposition. Additionally, while preparing her summary judgment filings, Vesey should have noticed that the tran- script was incomplete, especially if the missing portions, as she now argues, were important enough to change the out- come of the case. We agree with the district court that Vesey’s “lack of diligence does not render this evidence newly discov- ered.” See Egonmwan v. Cook Cty. Sheriff’s Dep’t, 602 F.3d 845, 852 (7th Cir. 2010) (denying a Rule 59(e) motion based on a deposition taken after summary judgment briefs were filed, but that could have been taken earlier, because “Rule 59(e) cannot be used to introduce evidence that could have been presented earlier”). Thus, the district court did not abuse its discretion in denying her Rule 59(e) motion. Even considering Emerick’s entire deposition, Envoy was still entitled to summary judgment. Vesey admits that

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Envoy’s investigators were not motivated by any retaliatory or discriminatory animus, and instead she argues a cat’s paw theory. But as explained above, a cat’s paw theory does not apply because the investigators gathered sufficient justifica- tion, independent of the allegedly biased complaint, to fire Vesey. C Finally, the district court ordered Vesey to pay Envoy’s costs, which she contests. Yet in her principal brief, Vesey of- fers only a conclusory remark on the topic: “The Bill of Costs had numerous entries of exorbitant charges and billing of which the Plaintiff-Appellant should not be held accounta- ble.” App. Br. 12, ECF No. 11. “Undeveloped arguments are waived on appeal.” United States v. Collins, 604 F.3d 481, 487-88 n.2 (7th Cir. 2010). In her reply brief she elaborates slightly, but arguments not made in the principal brief are for- feited. United States v. Foster, 652 F.3d 776, 787 n.5 (7th Cir. 2011) (“The reply brief is not the appropriate vehicle for pre- senting new arguments or legal theories to the court”) (quot- ing United States v. Feinberg, 89 F.3d 333, 341 (7th Cir. 1996)). So we need not reach the merits of this argument. For all these reasons, we AFFIRM the district court’s grant of summary judgment to Envoy, denial of Vesey’s Rule 59(e) motion, and order for costs.