Corey v. Prof'l Rodeo Cowboys Ass'n

CLINT COREY, an individual, Plaintiff, v. PROFESSIONAL RODEO COWBOYS ASSOCIATION, INC.,a membership organization, Defendant.

Civil Action No. 18-cv-1682-WJM-KMT

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

February 7, 2020

Judge William J. Martínez

ORDER DENYING DEFENDANT'S MOTION TO STRIKE PLAINTIFF'S DECLARATION AND GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

This matter is before the Court on Defendant Professional Rodeo Cowboys Association's ("PRCA") Motion for Summary Judgment ("Motion for Summary Judgment") (ECF No. 45) and Motion to Strike Plaintiff Clint Corey's Declaration ("Motion to Strike") (ECF No. 71). For the reasons that follow, Defendant's Motion to Strike is denied, and Defendant's Motion for Summary Judgment is granted in part and denied in part.¹

I. BACKGROUND

On February 25, 2019, Plaintiff Clint Corey filed his Amended Complaint against Defendant PRCA with the Court. (ECF No. 33.) Plaintiff was terminated from his position as the PRCA's Supervisor of Judges, and argues that his termination wasunlawful under Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. §§ 2000e et seq., and Colorado law. (Id.) The record establishes the following facts, which are uncontested unless otherwise noted:

Plaintiff was employed by the PRCA as the Supervisor of Judges from 2012 until July 20, 2017, the date of his official termination. (ECF No. 52-1 at 1, ¶ 1.) His role as Supervisor of Judges included the selection, training, assignment, and review of judges working at PRCA events. (ECF No. 33 at 2, ¶ 5.)

During Plaintiff's employment with the PRCA, he and his wife Beverly developed a personal friendship with former PRCA member Jeffrey "Boomer" Reeves. (ECF No. 52-1 at 1, ¶ 2.) Reeves had been in the rodeo business for much of his professional life, and, for a time, Plaintiff trained Reeves to be a PRCA rodeo judge. (Id. at ¶ 6.) Reeves lived at Plaintiff's home for some period of time. (Id. at ¶ 6.)

At some point in 2014 or 2015, the reasons for which are disputed by the parties, Reeves' PRCA membership card was revoked. (Id. at 2, ¶ 5.) Plaintiff asserts that this revocation was a result of Reeves' opposition to the PRCA's then-Chief Operations Officer, Aaron Enget's alleged propensity to sexually harass female PRCA employees. (Id.) Defendant asserts that Reeves' membership was revoked because a criminal history check revealed that Reeves had been prosecuted in numerous states for several misdemeanors and at least one felony. (Id. at ¶ 6.) Plaintiff testified that, after Reeves' membership was revoked, Enget and Plaintiff's immediate supervisor and then-PRCA Commissioner Karl Stressman suggested that Plaintiff should distance himself from Reeves. (ECF No. 45-4 at 21.)

Sometime in March 2017, Reeves called Stressman and aired his grievances about Enget's alleged sexual harassment of female PRCA employees. (ECF No. 52-1 at 6, ¶ 20.) On March 24, 2017, Plaintiff and Stressman had a lengthy discussion about Reeves' allegations. (Id.) During this conversation, Plaintiff stated that he had also witnessed Enget act inappropriately toward female employees, and Plaintiff made clear to Stressman that Plaintiff also was opposed to Enget's conduct. (Id. at ¶ 22.) Plaintiff further asserts that, throughout the course of his employment with the PRCA and prior to his March 24 conversation with Stressman, he had occasionally expressed disapproval to Stressman of Enget's workplace misconduct. (Id. at 7, ¶ 24.)

On May 21, 2017, Plaintiff informed Stressman via e-mail that he was moving to Texas, but that he would like to continue in his role as Supervisor of Judges. (ECF No. 45-8 at 1.) In that e-mail, Plaintiff stated that he would like to stay in his position, but noted that "[i]f that is not possible to do from Texas, I do understand and will be disappointed to leave the PRCA's employment." (Id. at 2.) He offered to stay on through the busy summer season or until the PRCA found a replacement. (Id.)

On May 26, 2017, Stressman announced to the PRCA that he would be retiring at the end of 2017. (ECF No. 45-4 at 33.) The same day, Plaintiff and Stressman discussed Plaintiff's move to Texas. (Id. at 33-34.) Stressman did not object to Plaintiff working from Texas as long as Stressman was Commissioner, but told Plaintiff that Stressman would need the Board's approval for Plaintiff to work from Texas once Stressman retired. (ECF No. 45 at 7, ¶ 34.)

The Board met on July 10 and 11, 2017, and Stressman informed the Board ofPlaintiff's request to work from Texas. (Id. at 8, ¶ 40.) On July 13, Stressman called Plaintiff to inform him that the Board was opposed to Plaintiff's move to Texas. (Id. at 8, ¶ 44). Later on July 13, Plaintiff sent an e-mail to the board members explaining why he and his family were moving to Texas, and asking them to reconsider his request to continue his position from Texas. (ECF No. 45-13.) On July 14, Plaintiff moved to Texas. (ECF No. 45 at 9, ¶ 48).

Also on July 14, Plaintiff received an e-mail from the PRCA Chairman of the Board Keith Martin, which stated that the Board would not change its decision. (Id. at 9, ¶ 49; ECF No. 45-14). The e-mail stated that "The Board agrees with [Stressman] at this time the Director of Judging should be based in the PRCA office in Colorado. . . . [W]e support [Stressman's] belief that this position requires living in Colorado and being based in the office." (ECF No. 45 at 9, ¶ 49.) Later that day, Stressman and Plaintiff discussed when Plaintiff would return to the office to "discuss what to do through the end of the year." (Id. at ¶ 50; ECF No. 52 at 4.)

On July 15, 2017, Plaintiff's wife, Beverly Van Scyoc, made a series of Facebook posts under the name "Beverly Corey" that were critical of the PRCA and particular PRCA board members. (ECF No. 45-16 at 1-2, 4; ECF No. 45-18 at 1.) The post stated:

IMPORTANT!!!!

Ok the rumors are flying so I will set the record straight. Yes we have moved to Texas. NO Clint has NOT quit his job. HOWEVER the PRCA board is not going to let him work from Texas and be out in the field more to actually see what's going on and "hold judges accountable" and doing what is in the best interest of the Contestants!!! Whatever....So be it! Karl and Clint are trying to figure outwhat the next steps are between now and the WNFR. THEY BOTH have the members best interest first and foremost at their very hearts. CLINT IS NOT A QUITTER!! and he will stick this out until the Board fires him. If anyone would like to know more info feel free to call him directly on his cell phone [ ] as he's not about rumors and is always on the UP AND UP!!!!

Feel free to share.

(ECF No. 45-16 at 1.)

Beverly Corey's Facebook account later commented on that post several times: "Here is the email from the board This is their response after 5 years of excellent service to the members of the PRCA. Basically just BYE!!." Ms. Corey then copy-pasted the July 14 e-mail from Martin. (Id. at 2.) She then posted, "Funny thing is the honest board members are calling Clint saying that's not what was said and it was 'kind of' discussed. Apparently Clint's so called friend Heith Ford said hell no to him working from Texas... 'Just fire him.'" (Id. at 4.) And later added, "I told Clint when this went down he will find out who his friends ARE and ARE NOT!!!" (Id. at 4.) Then, "I ONLY TELL THE TRUTH!!! I find the facts and tell them. I call a spade a spade. People don't like that but whatever." (Id. at 4.)

Reeves, under the Facebook alias "Mikey Hansome," commented on what appears to be the same Facebook post, expressing robust disapproval of Enget's alleged sexual harassment of female PRCA employees. (ECF No. 45-17; ECF No. 45-22 at 2.)

Hey does it bother anyone that the director of rodeo administration [Enget] is a sexual predator? Sexual harassment cases settled under the radar, uses members money for strip clubs and 1000 dollar cakes for his wife's birthday! And now thanks he is gonna be the newcommissioner. Arron enget is nothing but a lowlife sexual predator! With a salary in the 6 figures and still steals money from members for his perverted lifestyle thinks woman are nothing but his toys at work to harass! And let's not forget Teresa Cobb that has affairs with upper management to get in the job she is in! Sleeping with married men to then use that to get the job she has!

(ECF No 45-17 at 1.)

On July 20, 2017, Plaintiff returned to Colorado Springs to attend a meeting with Stressman and two other PRCA executives, Mark Knapp (the PRCA's Rodeo Administration Coordinator) and Joe Shafer (the PRCA's Chief Financial Officer). (ECF No. 45 at 11, ¶ 56.) Knapp, unbeknownst to anyone else in the meeting, recorded at least part of the meeting with his phone. (Id. at ¶ 57; ECF No. 2 at 7, ¶ 57.) During this meeting, Plaintiff was informed that his employment with the PRCA was being terminated. (ECF No. 45 at 12, ¶ 63.) Plaintiff and the PRCA representatives also discussed both the feasibility of Plaintiff performing his duties in Texas (id. at 12-13, ¶¶ 63-64), as well as the July 15 Facebook posts (id. at 11-12, ¶¶ 58-62). Stressman referred to the Mikey Hansome post in particular as "really disappointing." (Id. at 11, ¶ 60.) It does not appear that Stressman on July 20 thought that Plaintiff or his wife was responsible for the Mikey Hansome post, but he was of the view that Plaintiff and his wife "controlled" the account. (ECF No. 45-11 at 6.)

After the meeting, Stressman sent Plaintiff a letter dated July 27, 2017. (ECF No. 45-20.) The substance of the letter is set forth below:

Undoubtedly, these last few weeks have been difficult. You are a good man, a Champion, and I consider you a friend. I understand why you and Beverly felt that a move to Texas is best for your family and I truly do wish you great success inthat effort. However, given the nature and tone of recent public social media posts from your family, I want to take a

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