Casey A. Gaddy v. Wood Brothers Bar, Inc., et al.

What the court wrote

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He speculates about Gillespie’s motives and saturates his briefing with immaterial and misrepresented facts, apparently hallucinated by artificial intelligence. The record shows Gillespie fired Gaddy because he concluded after investigating that Gaddy fudged the customers’ tips. The Court grants defendants’ motion. I Customers and staff at Woody’s and Voyeur are mostly gay, bisexual or queer males. (Defs.’ SOMF ¶ 11, Dkt. No. 49-2.) Some bartenders start work at Woody’s and move to Voyeur around 2:00 a.m. when Woody’s closes. Voyeur is open until 4:00 a.m. on weekends. (Id. ¶¶ 7, 56.) Approximately two-thirds of the bartenders at Woody’s and Voyeur are male. (Id. ¶ 12.) Gaddy started as a bartender at both Woody’s and Voyeur around February of 2018. (Id. ¶ 14.) Martin Gillespie and Roy Baldwin supervised Gaddy at Woody’s, (id. ¶ 16), and Gaddy also reported to Gillespie at Voyeur, (id. ¶ 17). Gillespie assigned bartenders’ shifts at both establishments. (Id. ¶ 54); (Gaddy’s Resp. to Defs.’ SOMF ¶ 54, Dkt. No. 50-1.) In 2022, Gaddy worked almost exclusively at Woody’s, which has several bars inside. ... She would be a comparator if Gillespie concluded both had fudged tips, and only disciplined Gaddy, but that’s not what happened. Gaddy conflates his comparator arguments with his criticism of Woody’s investigation into the disputed tips. See infra subsection III.C.1. He claims “Woody’s investigated and terminated Gaddy (male) while taking no adverse action against Esser (female) whose checks were implicated.” (Gaddy’s Resp. in Opp’n at 9, Dkt. No. 50.) All agree the receipts which triggered the investigation bore Esser’s name. (Tr. of Oral Arg. at 20:7–11.) But Gillespie concluded Gaddy was responsible for improperly entering tip information into the point-of-sale system. Esser therefore is not a comparator. Neither is Chelsea Michaels.