# United States Court of Appeals

For the Seventh Circuit

Chicago, Illinois 60604

Submitted December 15, 2021 *

Decided December 16, 2021

Before

DAVID F. HAMILTON, Circuit Judge

THOMAS L. KIRSCH II, Circuit Judge

CANDACE JACKSON

‐ AKIWUMI, Circuit Judge

No. 21

‐ 2304

GLORIA MARIGNY,

Plaintiff

‐ Appellant

,

v

.

CENTENE MANAGEMENT

COMPANY LLC,

Defendant

‐ Appellee

. Appeal from the United States District

Court for the Eastern District of

Wisconsin.

No. 2:18

‐ cv

‐ 1386

‐ BHL

Brett H. Ludwig

, J udge

.

O R D E R

Centene Management Company fired Gloria Marigny, citing numerous

shortcomings in her job performance. She sued, alleging that she was fired because of

her age and race and in retaliation for protected activity. The district court entered

* After examining the submissions and record, we have concluded that the case is

appropriate for disposition without oral argument. F ED

. R. A PP

. P. 34(a)(2). NONPRECEDENTIAL DISPOSITION

To be cited onl y in accordance with F ED

. R. A PP

. P. 32.1No. 21

‐ 2304 Page 2

summary judgment for Centene. Marigny appealed, but her opening brief contains no

argument. We therefore dismiss the appeal.

We view the record evidence in the light most favorable to Marigny. See Tolliver

v. City of Chi.

, 820 F.3d 237, 241 (7th Cir. 2016). Centene hired Marigny to be a healthcare

service coor dinator, a position that required extensive training. But during training

Marigny fell asleep repeatedly, failed to retain information, and did not demonstrate

the ability to perform core tasks. Centene assigned a second trainer to help Marigny

grasp her job requirements, but the problems persisted. Centene also assigned two

coworkers, called preceptors, to assist Marigny; both reported similar issues. At

meetings with her direct supervisor to address her performance, Marigny blamed her

shortfalls on inadequate training and malfunctioning technology. In response, her

supervisor provided a third round of training and personally verified that Marigny’s

computer and software were work ing properly.

A short time later, Marigny failed to complete a training that was required for all

Centene employees. On the day of the deadline to complete the training, Marigny’s

supervisor called to remind her about it. At that time, the supervisor realized that,

despite specific training on the issue, Marigny’s voicemail greeting did not adhere to

the standards of the National Committee for Quality Assurance.

Marigny’s supervisor confronted her about her failure to complete the training

and her noncompliant voicemail greeting. Marigny said that she had not received any

of the numerous reminder emails sent before the training deadline. Marigny also said

that she was not given the necessary materials to create a compliant voicemail greeting.

After the meeting, Centene’s information technology department confirmed that

someone opened the reminder emails in Marigny’s inbox. And the supervisor

confirmed that trainers previously told Marigny several times how to create a compliant

message. Both issues placed Centene at risk of violating its contractual commitm ents to

some of its customers. Marigny was then fired because, as her supervisor later testified,

management concluded that she could not successfully perform her required duties.

Marigny sued, pro se, alleging that she was fired based on her age and race and

in retaliatio n for complaints she previously filed (about another employer) with the

Equal Employment Opportunity Commission, in violation of the Age Discrimination in

Employment Act and Title VII of the Civil Rights Act of 1964. See 29 U.S.C. § 623;

42 U.S.C. § 2000e

‐ 2(a). After discovery, Centene moved for summary judgment and, in

keeping with Civil Local Rule 56(a), informed Marigny of the consequences of notNo. 21

‐ 2304 Page 3

submitting admissible evidence in response. Still, Marigny submitted none when she

opposed the motion. The district court concluded that it was undisputed that Marigny

was fired because of her inability to perform her job even after extensive training and

remedial measures, and not because of her age or race. The court also determined that

Centene did not retaliate against Marigny because it did not know about any prior

protected activity.

Marigny appeals the district court’s ruling and the denial of several motions for

the judge’s recusal, but her opening brief does not contain any narrative, let alone any

argument for overturning the district court’s decisions. See F ED

. R. A PP

. P. 28(a)(8).

Instead, her filing consists of several documents she submitted to the district court that

detail her grievances about her time with Centene. She does not engage with the

reasons she lost, see Klein v. O’Brien

, 884 F.3d 754, 757 (7th Cir. 2018), and although she

raises a few cursory arguments in her reply brief, those arguments are waived because

they were not included in her opening brief. Wonsey v. City of Chi.

, 940 F.3d 394, 398

(7th Cir. 2019).

We are mindful that Marigny is pro se, and we construe her filings liberally.

Anderson v. Hardman

, 241 F.3d 544, 545 (7th Cir. 2001). Even so, we cannot ascertain her

“contentions and the reasons for them” because she has not submitted any argument.

See F ED

. R. A PP

. P. 28(a)(8)(A). And we cannot generate arguments or conduct legal

research on her behalf. Anderson

, 241 F.3d at 545. Therefore, this appeal is DISMISSED.