Agbuke v. Catholic Social Services
Agbuke v. Catholic Social Services
Opinion of the Court
ORDER GRANTING DEFENDANT’S APPLICATION FOR ATTORNEYS’ FEES
In her wrongful discharge Complaint based on the Elliott-Larsen Civil Rights Act
At the conclusion of the two and one-half day trial, the Court, in a verbal Opinion, held that Plaintiff’s termination was solely attributable to her poor performance. A judgment of no cause for action was entered on October 16, 1985.
In its application for attorneys’ fees, Defendant referred to the Court’s specific finding that the case was frivolous and should not have been prosecuted. Defendant requests attorneys’ fees in the amount of $20,840.00 and costs in the sum of $412.74.
In Christiansburg Garment Co. v. EEOC,
Applying the guidelines embodied in Christiansburg Garment Co., supra, the Court holds that Plaintiff’s action was patently frivolous and meritless. Plaintiff’s performance as a secretary and bookkeeper was far below the minimum requirements of a reasonable employer. Not only was Plaintiff deficient in spelling and typing, her attitude was deplorable.
Without a doubt, the record establishes that Defendant’s decision to terminate Plaintiff was neither motivated by race discrimination nor retaliation for her having
In reaching its determination that the action was frivolous, the Court does not suggest that Plaintiffs Court appointed attorney, Mr. Raymond, was at fault for Plaintiffs insistence in prosecuting the claims. Having graciously accepted the pro bono assignment, Mr. Raymond performed competently in a case where the particulars dictated only one outcome: a no cause for action verdict in favor of Defendant. Significantly, Plaintiff testified that she was unsuccessful in her numerous attempts to retain an attorney to represent her in her quest for damages against, what the Court considers to be, a fair, concerned employer.
Although it does not dispute that four members of Defendant’s law firm expended two hundred seventy five hours defending the case, the Court, taking into consideration the uncomplicated nature of the lawsuit and the ease in which Defendant repelled the claims, declines to award the amount sought by Defendant, $20,840.00. Instead, the Court awards attorneys’ fees in favor of Defendant against Plaintiff in the amount of $3,500.00.
So Ordered.
. M.C.L.A. § 37.2101 et seq.
. 42 U.S.C. § 2000a et seq.
. 434 U.S. 412, 421, 98 S.Ct. 694, 700, 54 L.Ed.2d 648 (1978).
. Id. at 421-422.
. See Smith v. Smytke-Cramer Co., 754 F.2d 180, 183 (6th Cir. 1985).
. For instance, when Plaintiffs supervisor at the Farmington Hills office attempted to introduce a truck driver to various staff members, Plaintiff increased the volume of her radio and left the room.
. For a recent case in which a District Court awarded a similar amount to successful defendants in a Title VII action, see Haines v. General Motors Corp., 603 F.Supp. 471, 477-479 (W.D. Ohio 1983).
Reference
- Full Case Name
- Yevonne AGBUKE v. CATHOLIC SOCIAL SERVICES OF OAKLAND COUNTY
- Status
- Published