F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
DEC 5 1997
FOR THE TENTH CIRCUIT
PATRICK FISHER
Clerk
VICKI S. GREEN,
Plaintiff-Appellant,
v. No. 97-6074
(D.C. No. 95-CV-1429)
MARVIN T. RUNYON, United States (W.D. Okla.)
Postmaster General,
Defendant-Appellee.
ORDER AND JUDGMENT *
Before BALDOCK, BARRETT, and MURPHY, Circuit Judges.
After examining the briefs and appellate record, this panel has determined
unanimously to grant the parties’ request for a decision on the briefs without oral
argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1.9. The case is therefore
ordered submitted without oral argument.
*
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. The court
generally disfavors the citation of orders and judgments; nevertheless, an order
and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
Plaintiff Vicki S. Green appeals from the district court order granting
summary judgment in favor of defendant on her claims brought pursuant to
Title VII, 42 U.S.C. §§ 2000e through 2000e-17. Because the parties are familiar
with the facts, they will not be repeated here. In granting summary judgment, the
district court found that, with respect to her sexual harassment claim, (1) plaintiff
failed “to establish that the alleged harassment was sufficiently severe or
pervasive to alter the conditions of her employment and create an abusive work
environment,” Appellant’s App. at 429, and (2) plaintiff presented “no evidence
that defendant failed to take sufficient disciplinary and remedial action in
response to her complaint,” id. With respect to plaintiff’s retaliation claim, the
court found that (1) as a matter of law, a threatened letter of warning was not an
adverse employment action, see id. at 430, and (2) plaintiff failed to demonstrate
that defendant’s reason behind the change in her job responsibilities was a mere
pretext for discrimination. 1
We review the grant of summary judgment de novo, applying the same
standard as the district court. See Notari v. Denver Water Dep’t, 971 F.2d 585,
1
In considering defendant’s motion for summary judgment, the district court
found compelling defendant’s argument that the only issues properly exhausted
were the limited ones included in plaintiff’s EEO complaints rather than the
broader ones raised in her amended complaint. The court found, however, that
even “to the extent plaintiff’s claims may be said to reasonably relate to other
allegedly unlawful conduct,” plaintiff’s evidence was insufficient to establish her
claims of discrimination and retaliation. See Appellant’s App. at 427.
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587 (10th Cir. 1992). Summary judgment is appropriate where there are no
genuinely disputed material facts and the moving party is entitled to a judgment
as a matter of law. See United States v. Sackett, 114 F.3d 1050, 1051 (10th Cir.
1997). Having carefully reviewed the record in the light most favorable to
plaintiff, see id., we affirm for substantially the reasons given by the district
court.
Plaintiff also maintains that the district court erred in denying her “Motion
to Reconsider and Vacate Summary Judgment to Allow Plaintiff Additional
Time to Submit Evidence.” We review the denial of plaintiff’s motion for
post-judgment relief under Fed. R. Civ. P. 59 and 60 for abuse of discretion.
See Buchanan v. Sherrill, 51 F.3d 227, 230 (10th Cir. 1995). Plaintiff argues that
certain evidence was unavailable until after summary judgment was granted,
but submits supporting affidavits which include only conclusory statements
concerning counsel’s due diligence and the fear of retaliation which purportedly
prevented co-employees from coming forward before judgment but not after.
On this record, we cannot conclude that the district court abused its discretion in
denying plaintiff’s post-judgment motion.
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The judgment of the United States District Court for the Western District of
Oklahoma is AFFIRMED.
Entered for the Court
Michael R. Murphy
Circuit Judge
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