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Bergbauer v. Mabus

United States District Court, District of Columbia

March 27, 2013

TAMMY BERGBAUER, Plaintiff,
v.
RAY MABUS, SECRETARY OF THE NAVY, Defendant

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For TAMMY BERGBAUER, Plaintiff: Mark Edward Papadopoulos, LEAD ATTORNEY, ISLER DARE RAY RADCLIFFE & CONNOLLY, PC, Vienna, VA; Patrick M. Regan, Paul J. Cornoni, LEAD ATTORNEYS, REGAN ZAMBRI & LONG, PLLC, Washington, DC.

For B.J. PENN, Secretary of the Navy, Naval Sea Systems Command, RAYMOND EDWIN MABUS, JR., SECRETARY OF THE NAVY, Defendants: Wyneva Johnson, LEAD ATTORNEY, U.S. ATTORNEY'S OFFICE FOR D.C., Washington, DC.

For CHARLES H. GODDARD, Rear Admiral, Defendant: Mark Edward Papadopoulos, LEAD ATTORNEY, ISLER DARE RAY RADCLIFFE & CONNOLLY, PC, Vienna, VA; R. Mark Dare, LEAD ATTORNEY, ISLER DARE RAY RADCLIFFE & CONNOLLY, P.C., Tysons Corner, VA; Wyneva Johnson, LEAD ATTORNEY, U.S. ATTORNEY'S OFFICE FOR D.C., Washington, DC.

OPINION

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Royce C. Lamberth, Chief Judge.

MEMORANDUM OPINION

Defendant Secretary of the Navy (" Navy" ) renews its Motion [57] for Summary Judgment as to plaintiff Tammy Bergbauer's claim of hostile work environment based on sexual harassment and retaliation.

Bergbauer sued Navy and Rear Admiral (" RDML" ) Charles H. Goddard in June 2009, alleging sexual harassment and hostile work environment claims under Title VII (Counts I and II) and the D.C. Human Rights Act (Counts III and IV), as well as battery against Goddard and intentional infliction of emotional distress against Goddard and Navy. The Court granted Goddard's motion [18] to dismiss and granted in part Navy's motion [7] to dismiss,[1] see Order, ECF No. 38; only one count remains against Navy alleging a hostile work environment based on sexual harassment and retaliation.

Upon consideration of Navy's renewed motion for summary judgment, Bergbauer's Opposition [60], Navy's Reply [64], the entire record in this case, and the applicable law, the Court will GRANT the motion for summary judgment and dismiss the case. Bergbauer has not shown conduct

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sufficiently severe or pervasive to make a case of hostile work environment based on sexual harassment. While her retaliatory hostile work environment claim presents a closer case, she has not shown that the alleged conduct was sufficiently severe or pervasive or that it was causally connected to her protected activity.

I. BACKGROUND

Plaintiff Tammy Bergbauer was hired as a civilian program analyst, subject to a one-year probationary period, by the Naval Sea Systems Command (NAVSEA) Headquarters of the Department of the Navy in July 2007. Def.'s Stmt. Mat. Facts Not in Dispute ¶ ¶ 1-2, ECF No. 57-1 [hereinafter Def.'s SMF]; Pl.'s Resp. to Def.'s SMF ¶ ¶ 1-2, ECF No. 60 [hereinafter Pl.'s SMF]. Bergbauer became Director of Corporate Operations two months later and had human resources responsibilities. Id. Bergbauer's direct supervisor was then Alan Weyman; Weyman and Bergbauer ...


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