1

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

NORTHERN DIVISION

JOSEPH REMBERT, )

Plaintiff, )

 )

v. ) CIVIL ACTION: 14-00503-KD-B

 ) 

SELMA CITY BOARD OF EDUCATION, )

Defendant. )

ORDER

This matter is before the Court on Defendant’s Motion for Summary Judgment (Docs. 

39-42), Plaintiff’s Response (Doc. 45) and Defendant’s Reply (Doc. 57);

1 Defendant’s 

Supplemental Exhibits (Doc. 49) and Plaintiff’s Responses thereto (Docs. 50-51); and 

Defendant’s Response (and exhibits) to the Court’s July 31, 2015 Order (Doc. 68).2

I. Factual Background3

This action stems from the circumstances surrounding Defendant Selma City Board of 

Education (Selma)’s decision not to hire pro se Plaintiff Joseph Rembert (Rembert). 

Specifically, Rembert alleges that he was not hired as a social studies teacher because of his age 

in violation of the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. (“ADEA”).

4

 1 Plaintiff’s Sur-Reply (Doc. 64) was not considered on summary judgment because it was an untimely 

attempt by Plaintiff to further argue a motion to strike upon which the Court had already ruled per Doc. 62.

2 While Docs. 49 and 68 were not filed with the motion for summary judgment, these supplements are 

permitted as they were filed pursuant to the Magistrate Judge’s June 19, 2015 and July 31, 2015 rulings, ordering the 

production by Selma of certain discovery documents relevant to the summary judgment determination.

3 At the summary judgment stage, the facts are taken in the light most favorable to the non-movant. Tipton 

v. Bergrohr GMBH–Siegen, 965 F.2d 994, 998-999 (11th Cir. 1992). The “facts, as accepted at the summary 

judgment stage of the proceedings, may not be the actual facts of the case.” Priester v. City of Riviera Beach, 208 

F.3d 919, 925 n. 3 (11th Cir. 2000). The Court views “the evidence and all reasonable inferences in the light most 

favorable to the non-moving party.” Battle v. Board of Regents for Ga., 468 F.3d 755, 759 (11th Cir .2006).

4 Rembert litigates a singular ADEA claim, asserted pursuant to a federal statute. Thus Court has original 

Case 2:14-cv-00503-KD-B Document 71 Filed 09/25/15 Page 1 of 12
2

(Doc. 22).

Rembert, a 66 year old man, was employed by Selma as a 7th grade social studies teacher 

from August 2009-May 2011; he resigned effective May 27, 2011. (Doc. 45-1 at 15; Doc. 42-1 

(Aff. Shirley at ¶4)). Gerald Shirley (Shirley) is the Superintendent of the Selma City Public 

Schools and is charge of the day-to-day school system operations. (Doc. 42-1 (Aff. Shirley at 

¶1)). Rembert was issued the following teaching certificates: a nonrenewable emergency 

(EMII) certificate for general social science on November 16, 2009 (effective from July 1, 

2009-June 30, 2010), and a nonrenewable first alternative Baccalaureate-level (ABA) grades 

6-12 certificate for general social science on March 1, 2011 (valid from July 1, 2010 to June 30, 

2011).5 (Id. (Aff. Shirley at ¶¶2-3); Doc. 42-1 at 4-5; Doc. 42-2 at 3-4).

On May 22, 2013, a notice was posted by Selma for vacant social studies teacher

positions, specifically stating that the “qualifications” consisted of a “valid Alabama teacher 

certificate.” (Doc. 45-1 at 14; Doc. 42-1 (Aff. Shirley at ¶5); Doc. 42-1 at 6). According to 

Rembert, on May 28, 2013, he submitted a letter to the Selma personnel director Arthur Capers 

(Capers) seeking an interview for the social studies teacher position at the Selma High School, as 

well as an Instructional Aide at the School of Discovery (6th grade). (Doc. 22 at 2). In 

response to the May 22, 2013 notice, there were eight (8) applicants for two (2) social studies 

positions at R.B. Hudson Middle School. (Doc. 42-1 (Aff. Shirley at ¶6-7)). 

 federal jurisdiction over this entire action pursuant to 28 U.S.C. § 1331. Ordinarily, a plaintiff must carry out 

certain administrative prerequisites before a claim under the ADEA can be asserted in federal court. See, e.g., 

Newman v. Career Consultants, Inc., 470 F.Supp.2d 1333, 1342 (M.D. Ala. 2007); Jones v. Dillard's, Inc., 331 F.3d 

1259, 1263 (11th Cir. 2003). However, failure to satisfy such prerequisites does not deprive a court of subject-matter 

jurisdiction as they are conditions precedent subject to waiver. See, e.g., Zipes v. Trans World Airlines, Inc., 455 

U.S. 385, 393 (1982); McClinton v. Alabama By-Products Corp., 743 F.2d 1483, 1485 (11th Cir. 1984). Selma raises 

no argument based on any such failure. Thus, to the extent such may exist, the matter has been waived.

5 As confirmed and explained by Sarah P. Justiss (Justiss), the State Certification Officer for the Alabama 

State Department of Education, who issues of such certificates. (Doc. 42-2 (Aff. Justiss at ¶3)).

Case 2:14-cv-00503-KD-B Document 71 Filed 09/25/15 Page 2 of 12
3

The applicants – which included Rembert – were interviewed on July 22, 2013 by 

Shirley, personnel director Capers, and incoming R.B. Hudson Middle School Principal James 

D. Pope, who asked the same ten (10) questions. (Id.) Following the July 2013 interviews, 

incoming Principal Pope recommended to Shirley that applicants Roman (and another applicant)

receive the two (2) teaching positions. (Id. (Aff. Shirley at ¶7)). Roman (and the other 

applicant) scored higher than Rembert during the interviews, and significantly, both were able to 

obtain a certificate to teach social studies either with an emergency certificate or an alternative 

certificate. (Id. (Aff. Shirley at ¶8)). 

In contrast, as of July 2013, Rembert did not possess a valid teaching certificate and thus 

per Ala. Code § 16-23-16 could not be employed for the position for which he had applied.7

(Id. (Aff. Shirley at ¶9)). Additionally, Rembert did not indicate that he was eligible to obtain a 

teaching certificate and the State Department of Education website, on which school boards rely 

to determine an individual’s certification, reflected that he had not held a teaching certificate of 

any kind since June 30, 2011. (Id.) Moreover, based on the rules of the Alabama State Board 

of Education regarding teacher certification, Rembert was not even eligible for a certificate in 

July 2013. (Doc. 42-1 (Aff. Shirley at ¶10); Doc. 42-2 (Aff. Justiss at ¶4)). To be eligible for 

the Second Alternative Baccalaureate-Level (ABB) Certificate (the positions), Rembert would 

have had to complete “two of the four areas of coursework requirements of the Alternative 

Baccalaureate-Level Certificate Approach no later than August 31, 2012 and submit an 

 

6 Providing as follows: “No person shall be employed in the public schools of the state as county 

superintendent of education, city superintendent of schools, assistant superintendent, supervisor, principal, teacher or 

attendance officer unless such person shall hold a certificate issued by the State Superintendent of Education.”

7 As confirmed and explained by Sarah P. Justiss (Justiss), the State Certification Officer for the Alabama 

State Department of Education, and issuer of such certificates. (Doc. 42-2 (Aff. Justiss)).

Case 2:14-cv-00503-KD-B Document 71 Filed 09/25/15 Page 3 of 12
4

application, to include the recommendation of the employing school system or non-public school 

to the Educator Certification Office by October 1, 2012.” (Doc. 42-2 (Aff. Justiss at ¶4)). See

also Doc. 42-1 (Aff. Shirley at ¶10)). State of Alabama records indicate that Rembert did not 

submit an application for a Second Alternative Certificate. (Doc. 42-2 (Aff. Justiss at ¶5)).

Further, an individual who does not complete the Alternative Baccalaureate-Level Certificate

Approach within four (4) consecutive scholastic years forfeits the right to seek a Professional 

Educator’s Certificate through the Alternative Baccalaureate-Level Certificate Approach. (Id. 

(Aff. Justiss at ¶6)). 

Rembert was not qualified because after June 30, 2011 he held no teaching certificate 

allowing him to teach in Alabama, and after October 1, 2012, he was no longer even eligible to 

obtain a Professional Educator Certificate through the Alternative Baccalaureate-Level 

Certificate Approach. (Id. (Aff. Shirley at ¶11); Doc. 42-2 (Aff. Justiss at ¶8-9)). Per Shirley, 

she did not recommend Rembert for a position because he was not the best qualified based on the 

interviews, and “more importantly, he did not have a current Alabama teacher certificate and 

could not be employed to teach.” (Doc. 42-1 (Aff. Shirley at ¶20)). Shirley also states that 

Rembert’s age “was never considered and was not a factor in the selection process.” (Id. (Aff. 

Shirley at ¶21)).

Subsequently, Rembert filed suit, alleging age discrimination because he applied for 

social studies positions for the July 2013/2014 school terms, but a younger, less qualified 

applicant, Mr. Javon Ramon (Ramon), was awarded the position. (Doc. 22 at 3).

II. Standard of Review

“The court shall grant summary judgment if the movant shows that there is no genuine 

Case 2:14-cv-00503-KD-B Document 71 Filed 09/25/15 Page 4 of 12
5

dispute as to any material fact and the movant is entitled to judgment as a matter of law.” FED.

R. CIV. P. 56(a) (Dec. 2010). Rule 56(c) provides as follows:

(1) Supporting Factual Positions. A party asserting that a fact cannot be or is 

genuinely disputed must support the assertion by:

(A) citing to particular parts of materials in the record, including 

depositions, documents, electronically stored information, affidavits or 

declarations, stipulations (including those made for purposes of the motion only), 

admissions, interrogatory answers, or other materials; or

(B) showing that the materials cited do not establish the absence or 

presence of a genuine dispute, or that an adverse party cannot produce admissible 

evidence to support the fact.

(2) Objection That a Fact Is Not Supported by Admissible Evidence. A party 

may object that the material cited to support or dispute a fact cannot be presented 

in a form that would be admissible in evidence.

(3) Materials Not Cited. The court need consider only the cited materials, but it 

may consider other materials in the record.

(4) Affidavits or Declarations. An affidavit or declaration used to support or 

oppose a motion must be made on personal knowledge, set out facts that would be 

admissible in evidence, and show that the affiant or declarant is competent to 

testify on the matters stated. 

FED.R.CIV.P. Rule 56(c). The party seeking summary judgment bears the “initial responsibility 

of informing the district court of the basis for its motion, and identifying those portions of ‘the 

pleadings, depositions, answers to interrogatories, and admissions on file, together with the 

affidavits, if any,’ which it believes demonstrate the absence of a genuine issue of material fact.” 

Clark v. Coats & Clark, Inc., 929 F.2d 604, 608 (11th Cir. 1991) (quoting Celotex Corp. v. 

Catrett, 477 U.S. 317, 323 (1986)). If the nonmoving party fails to make “a sufficient showing on 

an essential element of her case with respect to which she has the burden of proof,” the moving 

party is entitled to summary judgment. Celotex, 477 U.S. at 323. In reviewing this burden, “the 

Case 2:14-cv-00503-KD-B Document 71 Filed 09/25/15 Page 5 of 12
6

court must stop short of weighing the evidence and making credibility determinations of the truth 

of the matter...the evidence of the non-movant is to be believed, and all justifiable inferences are 

to be drawn in his favor.” Tipton v. Bergrohr GMBH-Siegen, 965 F.2d 994, 998-999 (11th Cir. 

1992) (internal citations and quotations omitted).

III. Discussion8

The ADEA makes it unlawful for an employer to discriminate against an employee due to 

his being 40 years of age or older – i.e., to fail or refuse to hire him or to discharge him because 

of his age. 29 U.S.C. §§ 623(a)(1); Ramsey v. Chrysler First, Inc., 861 F.2d 1541, 1543-1544 

(11th Cir. 1988).

A plaintiff may support a claim of age discrimination with either direct or circumstantial 

evidence. Mora v. Jackson Mem'l Found., Inc., 597 F.3d 1201, 1204 (11th Cir. 2010); Pace v. 

S. Ry. Sys., 701 F.2d 1383, 1388 (11th Cir. 1983). Where there is only circumstantial evidence, 

courts apply a variation of the four-part framework in McDonnell Douglas Corp. v. Green, 411 

U.S. 792 (1973). See, e.g., Chapman v. AI Transp., 229 F.3d 1012, 1024 (11th Cir. 2000); 

Damon v. Fleming Supermarkets of Fla., Inc., 196 F.3d 1354, 1358 (11th Cir. 1999). Under 

McDonnell Douglas, the plaintiff has the initial burden of establishing a prima facie case of age 

discrimination. Chapman, 229 F.2d at 1024. In an ADEA case for failure to hire, a plaintiff 

must establish that: 1) he was a member of the protected group of persons between the ages of 

40–70; 2) he was subject to adverse employment action;9 3) a substantially younger person filled 

 

8 In light of the discovery disputes occurring while this motion for summary judgment has been pending 

(Docs. 38, 44, 46, 47, 53, 55, 60, 65) and the Magistrate Judge’s order for Selma to produce certain teaching 

certificates, the undersigned GRANTS Selma’s request for leave to submit additional evidentiary submissions 

(which it has) to the extent such relief is sought in Doc. 49.

9 “An adverse employment action is an ultimate employment decision, such as...failure to hire, or other 

conduct that ‘alters the employee's compensation, terms, conditions, or privileges of employment, deprives him or 

Case 2:14-cv-00503-KD-B Document 71 Filed 09/25/15 Page 6 of 12
7

the position that he sought; and 4) he was qualified to do the job for which he was rejected. Id. 

See also Damon, 196 F.3d at 1359; Hudson v. Shaw Environmental & Infrastructure, Inc., 267 

Fed. Appx. 892, 893 (11th Cir. 2008).

If the plaintiff establishes his prima facie case of age discrimination, the employer must 

articulate a legitimate, nondiscriminatory reason for the challenged employment action. 

Chapman, 229 F.3d at 1024. Then, the plaintiff must show that the employer's stated reason is 

a pretext for unlawful discrimination -- i.e., the plaintiff has the opportunity to come forward 

with evidence, including the previously produced evidence establishing the prima facie case, 

sufficient to permit a reasonable factfinder to conclude that the reasons given by the employer 

were not the real reasons for the adverse employment decision. Kragor v. Takeda Pharm. Am., 

Inc., 702 F.3d 1304, 1307 (11th Cir. 2012); Crawford v. City of Fairburn, 482 F.3d 1305, 1308 

(11th Cir. 2007); Combs. v. Plantation Patterns, 106 F.3d 1519, 1528 (11th Cir. 1997). 

A plaintiff may overcome the employer's asserted legitimate reasons “either directly by 

persuading the court that a discriminatory reason more likely motivated the employer or 

indirectly by showing that the employer's proffered explanation is unworthy of credence.”

Taylor v. Runyon, 175 F.3d 861, 867 (11th Cir. 1999). To meet his burden of showing pretext, 

the plaintiff must rebut all legitimate non-discriminatory reasons that the employer proffers for 

the adverse action. Id.

10 A plaintiff “must meet [the] reason head on and rebut it, and the 

 

her of employment opportunities, or adversely affects his or her status as an employee.’” Nettles v. LSG Sky Chefs, 

211 Fed. Appx. 837, 838–839 (11th Cir. 2006).

10 A plaintiff can accomplish this by pointing to “weaknesses, implausibilities, inconsistencies, 

incoherencies, or contradictions” in the employer's explanation, Brooks v. County Comm’n of Jefferson Cty., Ala., 

446 F.3d 1160, 1163 (11th Cir. 2006), and/or by “either directly by persuading the court that a discriminatory reason 

more likely motivated the employer or indirectly by showing that the employer's proffered explanation is unworthy 

of credence[,]” Kragor v. Takeda Pharm. Am., Inc., 702 F.3d 1304, 1308 (11th Cir. 2012). Additionally, a plaintiff 

may produce evidence that “permits the jury to reasonably disbelieve the employer's proffered reason.” Steger v. 

Case 2:14-cv-00503-KD-B Document 71 Filed 09/25/15 Page 7 of 12
8

employee cannot succeed by simply quarreling with the wisdom of that reason.” Chapman, 229 

F.3d at 1030. The Court's inquiry, ultimately, “is limited to whether the employer gave an 

honest explanation of its behavior.” Id. A plaintiff's showing that the employer was incorrect 

in its decision is insufficient: if the employer honestly believed the employee engaged in 

misconduct, even if mistaken, no discrimination exists. Elrod v. Sears, Roebuck & Co., 939 

F.2d 1466, 1470 (11th Cir. 1991).

Further, in Gross v. FBL Fin. Servs., Inc., 557 U.S. 167, 176 (2009), the United States 

Supreme Court held that the language “because of” in the ADEA means that a plaintiff has to 

prove that age discrimination is the “but for” cause of the adverse act. Following Gross, the 

Eleventh Circuit reaffirmed the propriety of evaluating ADEA claims based on circumstantial 

evidence under the McDonnell Douglas framework. See e.g., Mora v. Jackson Mem. Fdtn., 

Inc., 597 F.3d 1201 (11th Cir. 2010) (explaining that under the ADEA after Gross, an “employer 

either acted ‘because of’ the plaintiff's age or it did not[]”).

11 However, “it is a long-recognized 

tenet of tort law that a plaintiff’s injury can have multiple ‘but-for’ causes, each of which may be 

sufficient to support liability. Requiring proof that a prohibited consideration was the ‘but for’ 

cause of an adverse job action does not equate to a burden to show that such consideration was 

the ‘sole’ cause....This remains so even after Gross. Moreover, a plaintiff is authorized to plead

and pursue alternative theories of recovery, even if they are inconsistent....” Bailey v. City of 

Huntsville, Ala., 2012 WL 2047672, *9 (N.D. Ala. 2012). Thus, Gross does not place a 

 Gen. Elec. Co., 318 F.3d 1066, 1079 (11th Cir. 2003). “But a reason cannot...be ‘a pretext for discrimination

‘unless it is shown both that the reason was false, and that discrimination was the real reason.'' St. Mary's Honor 

Ctr. v. Hicks, 509 U.S. 502, 515 (1993) (emphasis in original). 

11 In Mora the Eleventh Circuit stated that an ADEA plaintiff must now “establish ‘but for’ causality,” 

such that “no ‘same decision’ affirmative defense can exist: the employer either acted ‘because of’ the plaintiff's age 

or it did not.” Id. at 1204 (citing Gross, 557 U.S. at 180). The Eleventh Circuit concluded, it was unnecessary to 

consider the district court's analysis of the employer's “same decision” affirmative defense. Id. at 1204. 

Case 2:14-cv-00503-KD-B Document 71 Filed 09/25/15 Page 8 of 12
9

heightened evidentiary requirement on ADEA plaintiffs to prove age was the “sole” cause of the 

adverse employment action. Pearson v. Lawrence Med. Ctr., 2012 WL 5265774 (N.D. Ala. Oct. 

24, 2012); Goodridge v. Siemens Energy, Inc., 276 F.R.D. 540, 542 and n. 1 (N.D. Ala. 2011); 

Ross v. Renaissance Mont. Hotel & Spa at the Convention Ctr., 2012 WL 1030323, *4-5, report 

adopted as modified, 2012 WL 1032618 (M.D. Ala. Feb. 27, 2012); Archie v. Home–Towne 

Suites, LLC, 749 F.Supp.2d 1308, 1315 (M.D. Ala. 2010); Freeman v. Koch Foods of Ala., 2010 

WL 9461668, *2 (M.D. Ala. Jun. 15, 2010); Collins v. Fulton Cty. Sch. Dist., 2012 WL 

7802745, *17-18 (N.D. Ga. Dec. 26, 2012).

Finally, in Sims v. MVM, Inc., 704 F.3d 1327, 1332-1333 (11th Cir. 2013), the Eleventh 

Circuit clarified that the McDonnell Douglas framework is not the sine qua non for a plaintiff to 

survive summary judgment in a discrimination case. See Smith v. Lockheed Martin Corp., 644 

F.3d 1321, 1328 (11th Cir. 2011). Instead, “the plaintiff will always survive summary judgment 

if he presents circumstantial evidence that creates a triable issue concerning the employer's 

discriminatory intent.” Id. A triable issue of fact exists “if the record, viewed in a light most 

favorable to the plaintiff, presents ‘a convincing mosaic of circumstantial evidence that would 

allow a jury to infer [ ] intentional discrimination by the decisionmaker.’” Id.

Nevertheless, the burden of persuasion always remains on a plaintiff in an ADEA case to 

proffer evidence sufficient to permit a reasonable fact finder to conclude that the discriminatory 

animus was the “but-for” cause of the adverse employment action. Gross, 557 U.S. at 176.

Upon consideration, Rembert’s ADEA claim fails because he cannot establish a prima 

facie case of age discrimination. While the parties agree that Rembert is a member of the 

protected group of persons between the ages of 40–70, there is no evidence before the Court that 

Case 2:14-cv-00503-KD-B Document 71 Filed 09/25/15 Page 9 of 12
10

he was qualified to do the job. Specifically, Rembert lacked any teaching certificate to be 

qualified for the social studies positions for which he applied. See supra Section I. Despite 

this clear fact, Rembert appears to suggest that his qualified status had simply expired and that he 

only needed to retake and pass the Praxis II examination in order to be recertified. However, 

this contention is irrelevant, because at the time he applied for the vacant positions he neither 

possessed nor was eligible for a certificate authorizing him to serve as a teacher in Alabama 

schools. This is a fact confirmed by both the certificate issuing authority of the State of 

Alabama and Selma’s Superintendent, and not contested by Rembert. (Doc. 42-2 (Aff. Justiss); 

Doc. 42-1 (Aff. Shirley)). 

Moreover, Rembert has presented no evidence, whatsoever, indicating that age was a 

factor in Selma’s decision not to hire him. There are no allegations of remarks or comments 

related to his age, or even mention of his age, on the part of Selma. In contrast, Superintendent 

Shirley has attested via Affidavit that age played no factor in Selma’s decision. Rembert has 

presented no evidence to the contrary on summary judgment, much less such creating a genuine 

issue of material fact as to whether age discrimination occurred. At best, Rembert states:

I was highly qualified, when Mr. Roman never was. Application was made for the wrong 

certificate for me. I didn't get a certificate for the right courses until days before the end 

of the school year, when course of study teaching was over and we were in preparation 

for ARMT and SAT 10 tests. Shirley lied on his affidavit. He could not correctly add the 

interview score sheets, and prompted others to pervert the truth in order to win this case. I 

was denied due process and equal protection under the law by the School System...

(Doc. 64 at 7). However, Rembert has provided no support for these claims, which appear to be 

conjecture. 12 Additionally, nothing in these allegations changes the fact that he neither 

 12 Selma has produced documentation that Roman was unable to obtain proper certification during the 

2014-2015 school year. (Doc. 68). This information is irrelevant to this case, because the school year at issue is 

2013-2014. In 2013-2014 the evidence indicates that Roman possessed the necessary certification to teach. 

Case 2:14-cv-00503-KD-B Document 71 Filed 09/25/15 Page 10 of 12
11

possessed nor was eligible for a teaching certificate – his certificates expired several years before 

the May 2013 posting. Moreover, Rembert’s speculation that “Shirley lied” is unsupported on 

summary judgment, and this speculation is also flatly contradicted by the State of Alabama’s 

certificate issuing authority (Justiss) – whose own Affidavit verifies the content of Shirley’s 

affidavit.

Regardless of Rembert’s speculative beliefs and conclusory statements, he has simply 

failed to show that he was qualified for the job at the time he applied. See, e.g., Jones v. BE&K 

Eng. Co., 146 Fed. Appx. 356 (11th Cir. 2005) (the plaintiff failed to establish a prima facie case 

of age discrimination because he could not present evidence that he was qualified for the job and 

because he presented no evidence of intent to discriminate); Turlington v. Atlanta Gas Light Co., 

135 F.3d 1428 (11th Cir. 1998) (holding that to create a prima facie ADEA case the plaintiff must 

establish he is qualified for the job); Baker v. Sears, Roebuck & Co, 903 F.2d 1515, 1520-1521

(11th Cir. 1990) holding that terminated plaintiff failed to make out prima facie case under the 

ADEA; ruling that she was not qualified for the job in question). “Although a plaintiff's burden 

in proving a prima facie case is light...summary judgment...is appropriate if he fails to satisfy 

any one of the elements of a prima facie case. For example, summary judgment is appropriate 

against a plaintiff who fails to demonstrate that he was qualified to perform the position for 

which he was rejected.” Turlington, 135 F.3d at 1432-1433.

Further, despite Rembert’s claims that the individual who as hired instead of him 

(Javonne M. Roman) also lacked a required teaching certificate, such is incorrect. Roman was

able to obtain valid teaching certificate, whereas Rembert could not. (Docs. 49-2 (Roman’s 

 (Docs. 49-2 (Roman’s Nonprofessional Certificate, Emergency (EM2) for General Social Science for the July 1, 

2013 to June 30, 2014 school term); 42-1 (Aff. Shirley at ¶8)). 

Case 2:14-cv-00503-KD-B Document 71 Filed 09/25/15 Page 11 of 12
12

Nonprofessional Certificate, Emergency (EM2) for General Social Science for the July 1, 2013 

to June 30, 2014 school term); 42-1 (Aff. Shirley at ¶8)). 

Finally, the Court is unable to ascertain any pieces, much less piece together a 

“convincing mosaic” (Smith, 644 F.3d at 1328) from the circumstantial evidence from which a 

reasonable jury could infer an unlawful discriminatory intent in Selma’s decision to not hire 

Rembert. Rembert did not present any evidence tying Selma’s decision not to hire him to his 

age. See, e.g., Connor v. Bell Microproducts-Future Tech, Inc., 492 Fed. Appx. 963, 967 at n. 1 

(11th Cir. 2012) (finding insufficient evidence of age discrimination under the Smith standard). 

In sum, Rembert’s opposition to summary judgment is rooted in conjecture, irrelevant 

facts and contentions, and summary conclusions. Such is insufficient to establish a prima facie 

case, much less create a genuine issue of material fact to preclude summary judgment. As such, 

Selma’s motion for summary judgment is due to be GRANTED.

IV. Conclusion

Accordingly, it is ORDERED that Selma’s Motion for Summary Judgment (Doc. 39) is

GRANTED. A Final Judgment consistent with the terms of this Order shall be entered by 

separate document as required by Rule 58 of the Federal Rules of Civil Procedure.

DONE and ORDERED this the 25th day of September 2015.

/s/ Kristi K. DuBose

KRISTI K. DuBOSE

UNITED STATES DISTRICT JUDGE

Case 2:14-cv-00503-KD-B Document 71 Filed 09/25/15 Page 12 of 12