United States District Court, E.D. Missouri, Eastern Division
OPINION, MEMORANDUM AND ORDER
EDWARD AUTREY UNITED STATES DISTRICT JUDGE.
matter is before the Court on Defendant's Motion for
Summary Judgment [Doc. No. 40]. Plaintiffs response was due
on May 20, 2019. On May 29, 2019, Plaintiff filed a Motion
for Extension of Time to Respond. The Motion was granted on
May 30, 2019. The Court gave Plaintiff up to and including
June 2019 to file his response. On June 24, 2019, Plaintiff
filed an "Answer to Statement of Uncontroverted Material
Facts," wherein Plaintiff "denies"
substantially all of Defendant's material facts.
Plaintiff has not filed a memorandum in response to the
Motion for Summary Judgment, nor does Plaintiff provide
specific references to evidence in the record to controvert
Defendant's facts. For reasons set forth below, the
Motion for Summary Judgment will be granted.
has, in accordance with the Court's Local Rules,
submitted a Statement of Uncontroverted Material Facts.
Although Plaintiff submitted his Answer to Defendant's
Uncontroverted Material Facts, he failed to support any of
his denials with any specific references to admissible
evidence in the record. Indeed, Plaintiff has failed to
submit any affidavits, deposition testimony or other
admissible evidence in response to Defendant's Motion.
Mere conclusions and self-serving statements, innuendo, and
other legally unsatisfactory statements are insufficient.
Local Rule 7-401(E) provides:
Rule 7-4.01 Motions and Memoranda.
(E) A memorandum in support of a motion for summary judgment
shall have attached a statement of uncontro verted material
facts, set forth in a separately numbered paragraph for each
fact, indicating whether each fact is established by the
record, and, if so, the appropriate citations. Every
memorandum in opposition shall include a statement of
material facts as to which the party contends a genuine issue
exists. Those matters in dispute shall be set forth with
specific references to portions of the record, where
available, upon which the opposing party relies. The opposing
party also shall note for all disputed facts the paragraph
number from movant's listing of facts. All matters set
forth in the statement of the movant shall be deemed admitted
for purposes of summary judgment unless specifically
controverted by the opposing party.
following facts, taken from Defendant's Statement of
Uncontroverted Facts are therefore deemed admitted.
of 2012, the United States Postal Service, Office of
Inspector General ("USPS OIG") posted Job
Announcement Number 2012-64-704687 to USAJobs advertising a
vacant Criminal Investigator position in Albuquerque, New
Mexico. The Announcement, which was open from July 17-31,
2012, stated that applicants must meet all of the minimum
qualifications, including: a Bachelor's degree from an
accredited college or university; at least 5 years of
professional federal law enforcement experience; have
received a satisfactory performance rating on the most recent
performance appraisal; current 1811 classification required;
and must submit a resume which cannot exceed five pages, and
a copy of the latest Pay for Performance rating. Applicants
that did not meet the eligibility requirements, or whose
resume exceeds five pages, were advised that they would not
be considered. The Announcement stated that desirable
qualifications included an advanced academic degree or six
years of related professional experience.
Announcement stated that applicants must be at least
21-years-old and cannot have reached their 37th birthday at
the time of their initial appointment to the law enforcement
position. It also stated that applicants must submit a
complete application package, which included a resume, the
occupational questionnaire, and the required supporting
Criminal Investigator position was not an entry-level
position. The vacancy announcement solicited applications for
an experienced federal law enforcement officer by requiring
that applicants have at least five years of federal law
as an 1811 law enforcement officer with USPS OIG requires
knowledge and familiarity with federal criminal laws and
procedures, including federal investigative techniques,
federal criminal procedure, and laws and regulations
governing federal law enforcement activities. Federal
employees in the 1811 series are required to successfully
complete the basic training course for law enforcement
officers administered by the Federal Law Enforcement Training
Center in Glynco, Georgia.
OIG used an automated system called USA Staffing to create
and post the Job Announcement. USPS OIG established an online
assessment through USAJobs to screen applicants in order to
determine whether they met the minimum qualifications and
desirable qualifications listed in the vacancy announcement.
When an applicant applied, he or she had to answer questions
about eligibility. The system checked those responses against
the requirements that were included in the vacancy
announcement. Because the vacancy announcement included a
minimum and maximum age requirement, the applicants were
asked to enter their date of birth in the online assessment.
No. 3 in the online assessment asked applicants, "Are
you currently classified as an 1811 federal law enforcement
agent?" and applicants could select either, "Yes, I
am currently classified as an 1811 federal law enforcement
agent" or "No, I do not have current ...