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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND : JOHN C. JANEY : v. N. HESS SONS, INC., et al. : MEMORANDUM OPINION Presently pending and ready for resolution in this employment discrimination case is the motion of Defendants N. Hess Sons, Inc. d/b/a Hess Shoes ("Hess Shoes") and HR Stores, Inc. ("HR Stores") for summary judgment pursuant to FED. R. CIV. P. 56. The issues : Civil Action No. DKC 2001-3432 :

have been fully briefed, and the court now rules pursuant to Local Rule 105.6, no hearing being deemed necessary. that follow, Defendants' motion will be granted. I. Background The following facts are uncontroverted or set forth in the light most favorable to the Plaintiff. Plaintiff John C. Janey is For the reasons

an African-American male who was employed by Hess Shoes, under the supervision of Thomas V. Kane ("Kane")1, during the period set forth in his complaint. Hess Shoes maintained several stores in

the Washington, D.C. area, including a store located in the White Flint Mall in Rockville, Maryland, where Janey was employed as a sales associate in the men's department from September 8, 1995

Kane was formerly Vice President of Operations for Hess Stores and currently serves in the same position for HR Stores.

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until January 13, 2000.

Prior to October 3, 1999, Hess Shoes also

operated several small stores known as Rockport Stores, which exclusively sold Rockport products. Plaintiff was the top shoe

salesperson in the company every month between 1997 and 1999 and received awards from Hess Shoes management for his exceptional performance. Plaintiff claims that at least four times between 1995 and 1998, he expressed interest in a promotion to a managerial position to his supervisor, district manager Ervin Richardson, but never received one. 46, 51-55. See Paper no. 26, Ex. 3 (Janey Dep.) at 41-43, 45-

In contrast, Richardson testified that Plaintiff never him than for a once promotion, to Kane but that Richardson be did a

actually asked recommend promotion. more

that

Plaintiff

given

See Paper no. 26, Ex. 4 (Richardson Dep.) at 34, 48-49.

The last promotion at the Hess Shoes White Flint store from a sales to a management position occurred in February 1996, when Anne Threatt, an African-American woman, was promoted to assistant manager of women's shoes. See Janey Dep. at 69-70.

On October 3, 1999, Hess Shoes and HR Stores were restructured as separate corporate entities under a common parent, Hess

Holdings, Inc., and a management agreement was entered into for Hess Shoes to operate the newly created HR Stores during the liquidation of Hess Shoes stores. The last promotion from sales to management at any Hess Shoes store occurred at the Columbia Mall

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store on October 24, 1999, when a white female was promoted to assistant manager. See Paper no. 24, Ex. 2 (Kane Dep.) at 83. On

November 1, 1999, Hess Shoes formally announced its intent to liquidate inventory and close all of its stores over the course of the following few months. Following the announcement, it is See Janey

undisputed that Hess Shoes made no further promotions. Dep. at 66, 193.

When the announcement was made in October 1999 that Hess Shoes would be closing, Plaintiff asked Richardson if he could "stay on" with HR Stores once Hess Shoes stores closed, and Richardson relayed the request to Kane along with the requests of other Hess Shoes employees who wanted to work at HR Stores. Dep. at 23, 34-35. See Richardson

Kane denies receiving Plaintiff's request.

Richardson stated for the first time in a post-deposition affidavit that Plaintiff made his request on or about December 13, 1999. Paper no. 26, Ex. 2 (Richardson Aff.),

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