news of the reduction-in-force to those concerned, Mr. Blair stated his personal intention to assist the removed employees in obtaining management positions with Amtrak. Mr. Blair apparently failed to keep his word after the affected employees were removed. Nevertheless, there is absolutely no evidence that Amtrak promised to reappoint the plaintiff provided that he did not take a job with someone else. See also Foster Deposition at 156-57. There is, in short, no reason to believe that a contract was formed.
Plaintiff also alleges a separate contract claim arising out of the asserted breach of the 1976 Memorandum. The plaintiff cannot state a claim based on the Memorandum because that agreement was fully performed long before this action was brought. The Memorandum required only that plaintiff be appointed to the position of Station Supervisor and that he receive pay and benefits appropriate to that position retroactive to November 10, 1975. There is no dispute that these obligations were carried out. See Foster Deposition at 8, 17 & 67. Indeed, the plaintiff approved the Memorandum in July of 1976. See Defendants' Exhibit B. Neither the Memorandum nor plaintiff's approval of it suggest the presence of an implied term binding Amtrak to keep plaintiff employed as a Station Supervisor even though all of the other employees who held that position were to be removed. The Memorandum made plaintiff a Station Supervisor, and it conferred on him the pay and benefits that he would have received had he been appointed to that position on November 10, 1975. Amtrak did not employ plaintiff in a special job that was to be insulated from legitimate reductions-in-force. Similarly, nothing in the Memorandum obligated Amtrak to restore plaintiff to a management position once he had been removed from his job as a Station Supervisor.
Moreover, the plaintiff's contract claims are time barred. Contract claims against Amtrak are governed by the laws of the District of Columbia. See 45 U.S.C. § 546(d). D.C. Code § 12-301(7) requires that contract actions be brought within three years of an alleged breach. Plaintiff asserts that the 1976 Memorandum and the alleged 1977 oral contract were breached when Thomas Rao was appointed to a management position in 1978. Defendants' Statement of Material Facts as to Which There is No Genuine Issue at para. 12; Foster Deposition at 12. At best, plaintiff's contract claim arose in May of 1978, when Jean Hughes was allegedly selected for a management position. Complaint at para. 9. Nevertheless, plaintiff did not file this suit until 1983, five years after the alleged breach.
In response to the defendants' motion for summary judgment, the plaintiff "claims that he is prepared to show that breaches of the 1976 agreement have occurred as late as 1984." Memorandum of Points and Authorities at 3. This proffer plainly fails to "to set forth specific facts showing that there is a genuine issue for trial." Fed. R. Civ. P. 56(e). The plaintiff has never moved to amend his complaint, nor does he offer the slightest explanation of the incidents to which he refers. The defendants should not be put to the expense of a trial when the plaintiff fails to allege facts sufficient to make out a claim that falls within the statute of limitations.
Similarly, plaintiff's section 1981 claim is barred by the one year limitation period applicable to actions brought under the District of Columbia's Human Rights Law. See Parker v. Baltimore and Ohio Railroad Company, 555 F. Supp. 1182, 1187 (D.D.C. 1983). The only incidents of discriminatory breach of contract sufficiently pleaded by plaintiff are the 1978 appointments of Thomas Rao and Jean Hughes. These incidents occurred five years before the complaint was filed and cannot save the plaintiff's claims from the applicable statute of limitations.
Plaintiff argues that the statute of limitations does not apply because the 1978 appointment was only the first in a series of discriminatory breaches of contract that have continued through 1984. However, the plaintiff has failed to allege with specificity any incidents occurring within the limitations period. Moreover, the plaintiff has completely failed to allege that there is any connection between the original incident of alleged discrimination and more recent occurrences. As our Court of Appeals has observed, "a series of allegedly discriminatory actions against the same employee, even with the same alleged motive such as sex discrimination, is not enough." Stoller v. Marsh, 221 U.S. App. D.C. 22, 682 F.2d 971, 975 (D.C. Cir. 1982), cert. denied, 460 U.S. 1037, 103 S. Ct. 1427, 75 L. Ed. 2d 787 (1983).
Plaintiff also alleges that he was removed from his Station Supervisor position and not reappointed to management because of race discrimination. He seeks relief from this alleged discrimination under Title VII. There is no dispute that in 1977, Amtrak had to abolish several positions because of cutbacks in its budget. Defendants' Statement of Material Facts as to Which There is No Genuine Issue at para. 9; Plaintiff's Response to Defendants' Motion for Summary Judgment at 2. Plaintiff theorizes, however, "that the decision to eliminate his post was motivated by illegal considerations of race." Plaintiff's Response at 2.
But the plaintiff has conceded that his position was abolished because of reductions in Amtrak's funding. See Complaint at para. 7; Foster Deposition at 10. The defendants emphasized this apparent concession in their motion for summary judgment, see Memorandum of Points and Authorities at 11-12, but plaintiff has never offered to clarify his position on the point. Assuming that plaintiff could make out a prima facie case of race discrimination, the undisputed facts establish that Amtrak had a legitimate, nondiscriminatory reason for abolishing plaintiff's Station Supervisor position. Plaintiff's conclusory assertions and the allegations in his complaint do not give rise to a factual issue on this point, see Fed. R. Civ. P. 56(e), nor do they sufficiently allege that Amtrak's reason for removal was a mere pretext for race discrimination. To the contrary, the undisputed facts establish that both whites and blacks, in roughly equal numbers, were removed from positions comparable to plaintiff's during the reduction-in-force. Defendants' Statement of Material Facts as to Which There Is No Genuine Issue at para. 10; Foster, supra, slip op. at 1-2.
Plaintiff also alleges "racial discrimination regarding his failure to receive certain promotions on the basis of seniority." Memorandum of Points and Authorities at 1. Plaintiff's argument on this point is based on the assumption that seniority entitles him to a management post. But the testimony adduced at the evidentiary hearing convincingly established that seniority does not control selection for management positions. In any event, the allegations in plaintiff's complaint and the pleadings on the motion for summary judgment are wholly conclusory. The plaintiff has obtained counsel since the filing of his pro se complaint and has had the benefit of discovery. Nevertheless, he has failed to allege with specificity or proffer evidence about any occasion on which he was denied a management position because of race discrimination. Accordingly, he has failed to state a claim under Title VII.
For these reasons, an accompanying order will grant the defendants' motion for summary judgment and dismiss the complaint.
For the reasons set forth in an accompanying Memorandum, it is this 3rd day of June, 1985, hereby
ORDERED: that the defendants' motion for summary judgment be, and is hereby, GRANTED; and it is further
ORDERED: that the plaintiff's complaint be, and is hereby, DISMISSED, with prejudice.