Shannon Casey v. Albertson's Inc., a Delaware Corporation

We hold today that when the parties treat a fully dispositive summary judgment order as if it were a final judgment, the requirement in Federal Rule of Civil Procedure 58 that the judgment “be set forth on a separate document” can be waived. Bankers Trust Co. v. Mallis, 435 U.S. 381, 382 , 98 S.Ct. 1117 , 55 L.Ed.2d 357 (1978).

I. Facts

Appellant Shannon Casey filed this lawsuit against Albertson’s, her employer, alleging sexual harassment and discrimination based on marital status in violation of California’s Fair Employment and Housing Act. She alleged that Pete King, the manager of the Albertson’s where she worked, sexually harassed her and then transferred her to another store when she returned to work following her pregnancy. Casey alleges that her transfer to another store was illegal because there was another employee, Pepper Smith, who was less senior than Casey who should have been transferred instead. She claims that her transfer “was in response to Casey’s rebuffing King’s sexual advances and King learning that Casey had not divorced her husband as King wanted her to do and that she had become pregnant.”

Casey failed to respond to Albertson’s requests for admissions.…