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Carnate v. Hilton Resorts Corp.

United States District Court, D. Hawaii

November 13, 2019

PAULINO M. CARNATE, Plaintiff,
v.
HILTON RESORTS CORPORATION dba HILTON GRAND VACATIONS COMPANY, LLC, Defendant.

          ORDER DENYING DEFENDANT HILTON RESORTS CORPORATION'S MOTION FOR SUMMARY JUDGMENT ON COUNT I (ECF NO. 26)

          HELEN GILLMOR JUDGE

         Plaintiff Paulino M. Carnate filed a First Amended Complaint against his former employer Hilton Resorts Corporation, doing business as Hilton Grand Vacations Company, LLC.

         Plaintiff alleges claims of hostile work environment and employment discrimination on the basis of his age, ancestry, and national origin pursuant to Hawaii state law.

         Plaintiff styles the causes of action in his Complaint as:

         Count I (Discrimination: Ancestry and national origin)

         Count II (Hostile Work Environment)

         Count III (Pre-text).

         Defendant seeks summary judgment as to Plaintiff's discrimination cause of action alleged in Count I pursuant to Hawaii Revised Statutes 378-2. Defendant argues that Plaintiff cannot establish a prima facie case of discrimination because Defendant provided a legitimate, nondiscriminatory reason for Plaintiff's termination. Specifically, Defendant proffered that Plaintiff was terminated because he removed property from Defendant's Resort without authorization.

         There are genuine issues of material fact as to Defendant's proffered reason for terminating Plaintiff.

         Defendant Hilton Resorts Corporation's Motion for Summary Judgment on Count I (ECF No. 26) is DENIED.

         PROCEDURAL HISTORY

         On March 13, 2019, Plaintiff filed a Complaint in the Circuit Court of the Third Circuit, State of Hawaii. (ECF No. 1-1).

         On April 8, 2019, Defendant filed a NOTICE OF REMOVAL in United States District Court for the District of Hawaii. (ECF No. 1).

         On April 29, 2019, Plaintiff filed a FIRST AMENDED COMPLAINT. (ECF No. 8).

         On May 22, 2019, Defendant filed DEFENDANT HILTON RESORTS CORPORATION'S MOTION TO DISMISS COUNTS III (PRETEXT). (ECF No. 16).

         On June 26, 2019, Defendant filed DEFENDANT HILTON RESORTS CORPORATION'S MOTION FOR SUMMARY JUDGMENT ON COUNT I. (ECF No. 26).

         On the same date, Defendant filed its CONCISE STATEMENT OF FACTS IN SUPPORT OF DEFENDANT HILTON RESORT'S MOTION FOR SUMMARY JUDGMENT ON COUNT I. (ECF No. 27).

         Defendant also filed an ERRATA to its CONCISE STATEMENT. (ECF No. 28).

         On July 2, 2019, the Court issued a Minute Order setting the briefing schedule on Defendant's Motion for Summary Judgment and setting the hearing on Defendant's Motion to Dismiss at the same time as the hearing on the Motion for Summary Judgment on Count I. (ECF No. 30).

         On July 26, 2019, Plaintiff filed his Opposition and Concise Statement in Opposition to Defendant's Motion for Summary Judgment on Count I. (ECF Nos. 31, 32).

         On July 31, 2019, the Court issued a Minute Order striking Plaintiff's Opposition and Concise Statement in Opposition to Defendant's Motion for Summary Judgment on Count I for failure to comply with the Local Rules. (ECF No. 33). The Court granted Plaintiff additional time to file an Opposition and Concise Statement in Opposition in conformity with the Rules. (Id.)

         On August 7, 2019, Plaintiff filed his SECOND MEMORANDUM IN OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT ON COUNT I. (ECF No. 34).

         On the same date, Plaintiff filed his SECOND CONCISE STATEMENT IN OPPOSITION. (ECF No. 35).

         On August 15, 2019, Defendant filed its REPLY to Plaintiff's Opposition to Defendant's Motion for Summary Judgment on Count I. (ECF No. 38).

         On September 9, 2019, the Court held a hearing on Defendant's Motion to Dismiss Count III (Pretext) and Defendant's Motion for ...


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