¶ 13 see generally Pl.'s Rule 56.1 Counter-Stmt. Worthy asserts that the Mount Vernon station, which is located in Westchester County and services Westchester and Bronx counties, is known as a particularly difficult facility to oversee due to its space constraints, high turnover, and the fact that its assigned delivery zone encompasses high-crime areas into which its couriers are sometimes reluctant to venture. In December 1996, Worthy was promoted again, this time to senior manager of station operations at FedEx's Mount Vernon station. All of these positions were located at FedEx stations in Nassau and Suffolk counties. These promotions were followed in relatively short succession by her promotion to junior manager in June 1989, to operations manager in September 1989, and to service assurance manager in June 1995. In February 1986, Worthy was promoted to service agent, becoming a senior service agent later that year. She served first as a customer service agent and then as a foot courier. Worthy was hired by FedEx on August 6, 1984. However, in recognition of the law's preference for resolution of disputes on their merits and not through technicalities, the Court will instead conduct its own review of the record in deciding the motion. required to be served by the moving party will be deemed to be admitted for purposes of the motion unless specifically controverted by a correspondingly numbered paragraph in the statement required to be served by the opposing party"). 56.1(c) (providing that "ach numbered paragraph in the statement of material facts. Indeed, it is grounds in itself for deeming the defendant's factual allegations admitted.
This is a significant oversight inasmuch as it makes the Court's primary task in deciding a summary judgment motion - determining whether genuine issues of material fact exist - considerably more difficult. However, although plaintiff subsequently submitted a "Rule 56.1(b) Counter Statement" in response to defendant's Rule 56.1(a) statement, plaintiff's numbered factual allegations do not correspond, in any way, with defendant's numbered paragraphs as is specifically mandated by Local Rule 56.1(b). Defendant complied with this rule by submitting a numbered "Rule 56.1 Statement" with its notice of motion. The party opposing the motion must then submit papers containing "a correspondingly numbered paragraph responding to each numbered paragraph in the statement of the moving party, and if necessary, additional paragraphs containing a separate, short and concise statement of additional material facts as to which it is contended that there exists a genuine issue to be tried." Local Civ. The Court notes that under the Local Rules of the United States District Courts for the Southern and Eastern Districts of New York, the party moving for summary judgment is required to submit a "separate, short and concise statement, in numbered paragraphs, of the material facts as to which the moving party contends there is no genuine issue to be tried." Local Civ. Unless otherwise indicated, the following facts are considered by the Court to be undisputed. However, in order to avoid confusion, the Court will refer to plaintiff as "Worthy", and vice versa, throughout this decision.
21 (stipulation "so ordered" by Judge Thomas C. Pergament, the trustee in bankruptcy for Worthy's estate, has since been substituted for Worthy as the plaintiff in this action by stipulation of the parties. Worthy filed for bankruptcy under Chapter 7 in December 2000. Defendant now moves for summary judgment pursuant to Federal Rule of Civil Procedure 56. Worthy alleges that FedEx discriminated against her on the basis of her race and sex by subjecting her to disparate treatment, by failing to promote her, by retaliating against her for filing a prior complaint of employment discrimination, and, ultimately, by terminating her employment with FedEx. § 206(d)(1) ("EPA"), and Article 15 of the New York State Human Rights Law ("NYSHRL") against Federal Express Corporation ("FedEx"), her former employer. Worthy ("Worthy"), an African-American female, brings this action pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.
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