Filed: Nov. 09, 2004
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT November 8, 2004 Charles R. Fulbruge III Clerk No. 04-20341 Summary Calendar Thinh Nguyen, Plaintiff-Appellant, versus Baker Hughes, Inc., Baker Hughes Inteq/Atlas, Inc., and Connie DeSiata, Defendants-Appellees. - Appeal from the United States District Court for the Southern District of Texas, Houston Civil Action No. H-02-3384 - Before WIENER, BENAVIDES, and STEWART, Circuit Judge
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT November 8, 2004 Charles R. Fulbruge III Clerk No. 04-20341 Summary Calendar Thinh Nguyen, Plaintiff-Appellant, versus Baker Hughes, Inc., Baker Hughes Inteq/Atlas, Inc., and Connie DeSiata, Defendants-Appellees. - Appeal from the United States District Court for the Southern District of Texas, Houston Civil Action No. H-02-3384 - Before WIENER, BENAVIDES, and STEWART, Circuit Judges..
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT November 8, 2004
Charles R. Fulbruge III
Clerk
No. 04-20341
Summary Calendar
Thinh Nguyen,
Plaintiff-Appellant,
versus
Baker Hughes, Inc., Baker Hughes Inteq/Atlas, Inc., and Connie
DeSiata,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Southern District of Texas, Houston
Civil Action No. H-02-3384
--------------------
Before WIENER, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
In this direct civil appeal, Thinh Nguyen, Appellant,
challenges the district court’s ruling, granting summary judgment
to Baker Hughes Inteq/Atlas, Inc. (“Baker Hughes”), and Connie
DeSiata, Appellees. For the reasons that follow, we affirm.
On September 6, 2002, Plaintiff filed suit against
*
Pursuant to 5TH CIR. R. 47.5, the Court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR. R.
47.5.4.
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Defendants in the U.S. District Court for the Southern District
of Texas, Houston Division, for (1) assault under Texas common
law; (2) sexual harassment under Title VII, 42 U.S.C. § 2000e-2
et seq.; (3) racial discrimination under 42 U.S.C. § 1981 and
Title VII; (4) discrimination based on national origin under
Title VII; (5) defamation under Texas common law; (6) intentional
infliction of emotional distress under Texas common law; (7)
invasion of privacy under Texas common law; and (8) negligence
under Texas common law.
On March 10, 2004, the district court granted the
Defendants’ motion for summary judgment. The court found that
Baker Hughes took prompt remedial action after Plaintiff
complained of harassment, as is required by Title VII. See Wyatt
v. Hunt Plywood Co.,
297 F.3d 405, 409-10 (5th Cir. 2002).
Further, it noted that Plaintiff failed to complain about the
other abuse she allegedly suffered, thus “unreasonably fail[ing]
to take advantage of any preventative or corrective opportunities
provided by the employer.”
Id. at 410. We agree with the
district court findings. For these reasons, Baker Hughes cannot
be held liable for any sexually harassing conduct suffered by
Plaintiff.
The district court also found that there is no evidence that
Baker Hughes should have known about any alleged racial
harassment, or even that any acts of racial or national origin
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discrimination took place. It dismissed the state law claims
against Baker Hughes as meritless and declined to exercise
supplemental jurisdiction over the state law claim for assault
against DeSiata.
Appellant’s brief makes general assertions and arguments
concerning discovery matters, but it is difficult to discern what
specific error was committed by the district court. The brief
appears to be just a general attack on the summary judgment. We
can glean from the brief a basic assertion that Defendants failed
to produce evidence of a defense and thus Plaintiff believed she
did not have to produce any evidence showing actionable conduct.
But at the summary judgment stage, the plaintiff must produce
evidence showing there is a genuine issue of material fact for
trial. See Matsushita Elec. Indus. Co. v. Zenith Radio Corp.,
475 U.S. 574, 585-86 (1986).
Appellant provided no evidence in summary judgment to create
a fact issue with respect to her claims. Moreover, Appellant’s
brief fails to give references or to put forth specific
arguments. See Yohey v. Collins,
985 F.2d 222, 224-25 (5th Cir.
1993). We have examined the record and the district court’s
order and find no error in the district court’s judgment.
Accordingly, we AFFIRM the district court’s ruling.
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