Ormsby v. Sunbelt Rentals, Inc.
Filing
26
OPINION and ORDER: Granting in Part Denying in Part Motion for Summary Judgment 16 . Signed on 9/7/16 by Judge Ann L. Aiken. (ljb)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
EUGENE DIVISION
STEPHEN ORMSBY,
Plaintiff,
v.
SUNBELT RENTALS, INC., a foreign
business corporation, licensed to do
business in Oregon,
Defendant.
Anthony J. Estrada
Jon H. Weiner
Law Office of Jon H. Weiner
1415 Commercial Street S.E.
Salem, Oregon 97302
Attorneys for plaintiff
Page 1 - OPINION AND ORDER
Case No. 6:15-cv-01403-~~
OPINION AND ORDER
James L. Hiller
Hitt Hiller Monfils Williams, LLP
411 S.W. Second Avenue, Suite 400
Portland, Oregon 97204
Patricia J. Hill
Yash B. Dave
Smith Gambrell & Russell, LLP
50 N. Laura Street, Suite 2600
Jacksonville, Florida 32202
Attorneys for defendant
AIKEN, Judge:
Plaintiff Stephen Ormsby brings this action against defendant Sunbelt Rentals, Inc., under
theAmericanswithDisabilitiesAct("ADA"), 42 U.S.C. §§ 12101 et seq.; the Family Medical Leave
Act("FMLA"), 29 U.S.C. §§ 2601 et seq.; Oregon's disability discrimination statute ("OADA"), Or.
Rev. Stat. §§ 659A.103 et seq.; and the Oregon Family Leave Act ("OFLA"), Or. Rev. Stat. §§
659A.150 et seq. Plaintiff alleges defendant violated his employment rights by (1) requiring him to
use paid time off when he missed work due to migraines; (2) unreasonably expecting him to request
time off at least a day in advance, even though the onset of his migraines was unpredictable; (3)
terminating him for disability-related absences when he had exhausted his paid time off; and (4)
failing to inform him of his rights under the FMLA and the OFLA when he took time off due to his
migraines and to take his daughter to a doctor's appointment. After the close of discovery, defendant
moved for summary judgment on all claims. For the reasons set forth below, defendant's motion
is granted in part and denied in part.
FACTS
Plaintiff began working for defendant as a Service Technician in November 2012. Doc. 25-1
at 42-43. Defendant's business is renting equipment to customers, and plaintiff would maintain the
Page 2 - OPINION AND ORDER
I
inventory. Id. at 43. Mike Varnell supervised plaintiff. Varnell Dep. 6:13-7:7.
The record contains ample evidence plaintiff struggled at work. On April 16, 2013, plaintiff
received a formal warning from Varnell for failure to comply with safety rules. Doc. 17-6 at 2. On
May 9, 2013, Varnell issued a formal warning to plaintiff for unsatisfactory performance and failure
to follow instructions. Id. at 3. On July 19, 2013, Varnell again cited plaintiff for unsatisfactory
performance and failure to follow instructions after plaintiff failed to wear a hard hat at a job site.
Id. at 4. Plaintiff was informed that, per defendant's policy, a fourth reprimand would result in
termination. Id.
In December 2013, plaintiffs annual evaluation indicated he was performing below
expectations and both parties expected his performance to improve. Id. at 5-8. The evaluation noted
plaintiff exhibited good communication skills, had the ability to recognize problems, and met
expectations concerning integrity. Id. at 6-7. However, it also noted plaintiff needed constant
supervision, struggled to solve problems, lacked specialty knowledge, and was still learning policies
and procedures. Id. at 7. In separate but similar incidents in January and February 2014, plaintiff
delivered the wrong equipment to customers. Doc. 17-7 at 1. On April 8, 2014, plaintiff received
a citation while driving a company vehicle with expired registration tags. Id. at 5-6.
Plaintiff also had problems with attendance. After plaintiff missed work April 30, 2014,
Varnell contacted human resources about "another unexcused absence," stating "this has become a
weekly occurrence." Weiner Deel. Ex. 4 at 3. Varnell asked Julie Burton, a territory human
resources manager, to "let [Varnell] know what [his] options are." Id. On May 1, 2014, Burton
emailed herself a record of eight "last minute" uses of paid time off ("PTO") by plaintiff between
November 25, 2013 and April 23, 2014. Weiner Deel. Ex. 6 at 1. On May 6, 2014, Burton spoke
Page 3 - OPINION AND ORDER
with plaintiff. In an email to herself, Burton summarized their discussion as addressing plaintiffs
absences, the incident with the expired registration on a work vehicle, how plaintiff might receive
time off for his migraines, and the need to have future PTO approved in advance, as he had
exhausted an allotment of five last minute excused absences. Doc. 17-11 at 1. Plaintiff received a
formal warning after a May 9, 2014 absence; the citation states that although plaintiff called in sick,
he failed to do so before the start of his shift, as required by company procedure. Doc. 17-7 at 2.
Termination was again identified as a consequence for further issues.
Plaintiff alleges he missed work on April 30 to meet with special education staff at his
daughter's school and to take his daughter to a psychotherapist appointment. 1 Doc. 17-8 at 1-2;
Weiner Deel. Ex. 2 at 210. Varnell remembered plaintiff telling him he would be unable to work
on April 30 because of a parent-teacher conference the evening of April 29. Varnell Dep. 39: 17-21.
Burton recalled plaintiff was absent in order to attend his daughter's "speech therapy" appointment.
Burton Dep. 17:8-10.
Plaintiff asserts the remainder of his absences were due to migraines.
Plaintiff had
experienced sporadic migraines "for a long time" when he was first hired. Ormsby Dep. 41: 10-12,
20-24. Plaintiff alleges he told Varnell about the migraines within a month of beginning work for
1
Plaintiff also met participated in an intake interview with the Oregon Bureau of Labor
and Industry ("BOLI") on April 30. Doc. 17-7 at 15. Earlier in the month, plaintiff had filed a
complaint against defendant with BOLI, alleging harassment and hostile work environment.
Doc. 17-7 at 7-10. Although the written complaint and intake interview notes do not focus on
family leave or disability issues, a May 22, 2014 note in plaintiffs BOLI case file states
"[c]harge revised with new protected class" and documents plaintiffs allegation he was denied
reasonable accommodations related to his migraines. Doc. 17-7 at 16. Plaintiffs complaint
alleges he received a right-to-sue letter from BOLL Compl. ~ 3. Plaintiff did not tell defendant
he was missing work to attend the intake interview, and there is no indication in the record
defendant was aware of the BOLI complaint.
Page 4 - OPINION AND ORDER
defendant. Ormsby Dep. 41: 10-12. Varnell asserts he did not learn Varnell suffered from migraines
until four or five months before plaintiff was fired. Varnell Dep. 17:22-18:11. Medical records show
plaintiff received medical treatment for migraines or headaches on December 25, 2013; January 3,
2014; and May 10, 2014. 2 Doc. 17-6 at 9-13; Weiner Deel. Ex. 2 at214-16. The day before the May
10 treatment, plaintiff missed work after reporting to Varnell he was feeling dizzy and going to
urgent care. Weiner Deel. Ex. 6 at 3; Varnell Dep. 37:7-10. Plaintiff alleges thathe told Varnell the
absence was due to a migraine. Ormsby Dep. 178:24-179:15. In an email to Burton, Varnell
expressed skepticism about plaintiffs dizziness and suggested plaintiff might be fabricating illness
in order to work on his roof at home. Weiner Deel. Ex. 6 at 3.
On May 8, 2014, plaintiff borrowed a piece of defendant's equipment to use offsite. Ormsby
Dep. 256:2-14. Company policy permitted employees to rent company equipment at a reduced rate.
Doc. 17-5 at 17. The policy prohibited "renting discounted equipment in the employee's name and
using the equipment for friends, social groups, or family members." Id. Plaintiff estimated he would
return the equipment on May 10, but returned the equipment on May 12. Ormsby Dep. 255:25,
260:23. Plaintiff had stored and planned to use the equipment at his fiancee's house. Ormsby Dep.
256:9-17.
On May 14, 2014, defendant terminated plaintiff, citing excessive absenteeism,
unsatisfactory performance, and dishonesty. Weiner Deel. Ex. 2 at 217.
The parties dispute the extent to which Varnell and Burton understood or should have
understood plaintiffs absences were related to his migraines or to caring for his daughter. They also
dispute the extent to which plaintiffs plausibly protected absences played an essential role in the
termination decision. Plaintiff alleges his termination is discrimination because of his disability and
2
Plaintiff could not have missed work on December 25, a holiday.
Page 5 - OPINION AND ORDER
I
l
I
retaliation for conduct protected by the ADA, the FMLA, and state analogs. Plaintiff further alleges
defendant failed to provide him any reasonable accommodation as required by the ADA and the
OADA. Lastly, plaintiff alleges his termination interfered with his FMLA and OFLA rights.
Defendant moves for summary judgment on all claims.
STANDARD
Summary judgment is appropriate when the evidence shows "there is no genuine issue as to
any material fact and ... the moving party is entitled to judgment as a matter oflaw." Celotex Corp.
v. Catrett, 477 U.S. 317, 322 (1986). The party moving for summary judgment must first identify
the parts of the record "which it believes demonstrate the absence of a genuine issue of material
fact." Fed. Trade Comm 'n v. Stefanchik, 559 F.3d 924, 927 (9th Cir. 2009) (quotation marks
omitted). Should the moving party meed this initial burden, "the burden shifts to the non-moving
party to set forth ... specific facts showing that there is a genuine issue for trial." Id. at 929. On a
motion for summary judgment, a court views "the evidence in a light most favorable to the nonmoving party." Id. at 927. Plaintiff's claim will survive summary judgment ifthere is "evidence on
which the jury could reasonably find for the plaintiff. The judge's inquiry, therefore, unavoidably
asks whether reasonable jurors could find by a preponderance of the evidence that the plaintiff is
entitled to a verdict[.]" Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252 (1986).
DISCUSSION
Defendant argues it is entitled to summary judgment because no reasonable juror could
conclude ( 1) plaintiff could satisfactorily perform the essential duties of his position, even with an
attendance-based accommodation; (2) it terminated plaintiff for having a disability or asserting he
was entitled to accommodations or leave; (3) it was obligated to engage in an interactive process to
Page 6 - OPINION AND ORDER
determine appropriate accommodations; or (4) it interfered with plaintiffs right to take protected
family or medical leave. However, as to each of these arguments, I find there remain factual
questions for the jury to resolve.
I.
FMLAIOFLA Discrimination Claim
Plaintiff asserts two different types of FMLA claims: a claim for interference under 29
U.S.C. § 2615(a)(l) and aclaim for discrimination/retaliation under29 U.S.C. § 2615(a)(2). Section
2615(a)(l) prohibits employers from "interfer[ing] with, restrain[ing], or deny[ing] the exercise of
or the attempt to exercise, any right provided under" the FMLA. Section 2915(a)(2) bars employers
from taking adverse employment action against an employee "for opposing any practice made
unlawful by" the FMLA. The Ninth Circuit has interpreted "opposing any practice" to mean a
plaintiff must have "institut[ed] or participat[ed] in FMLA proceedings or inquiries" to state a claim
for FMLA discrimination. Bachelder v. Am. W Airlines, 259 F.3d 1112, 1124 (9th Cir. 2001). A
plaintiff alleging he was subject to an adverse employment action for taking or inquiring about
protected leave has stated a claim for FMLA interference, but not for FMLA discrimination. Id
Plaintiff alleges that even though defendant knew he was taking leave that would be protected
under the FMLA, it never informed him of his family or medical leave rights, and it fired him at least
in part because of his protected absences. He does not allege defendant fired him because he filed
the complaint with BOLi or otherwise opposed defendant's leave practices. Because plaintiff has
not shown he engaged in any of qualifying protected activity within the meaning of Section
2915(a)(2), defendant is entitled to summary judgment on the FMLA discrimination/retaliation
claim.
This
analysis
does
not
Page 7 - OPINION AND ORDER
require
dismissal
of
plaintiffs
parallel
OFLA
discrimination/retaliation claim, however. Although the OFLA is to "be construed to the extent
possible in a manner that is consistent with any similar provisions of the federal Family and Medical
Leave Act of 1993," Or. Rev. Stat.§ 659A.186(2), the text of the OFLA, unlike the text of the
FMLA, clearly contemplates a discrimination claim based on an employee's inquiry about protected
leave. See Or. Rev. Stat. § 659A. l 83(2) (prohibiting employers from retaliating or discriminating
against an employee "because the individual has inquired about the provisions of [the OFLA],
submitted a request for family leave or invoked any provision of [the OFLA].")
II.
Plaintiff's Ability to Perform the Essential Functions of the Job
Plaintiff must show he is a "qualified individual with a disability" in order to proceed on his
ADAIOADA discrimination and failure-to-accommodate claims. Defendant asserts plaintiff cannot
meet this threshold requirement because he has not articulated a reasonable accommodation that
would permit him to perform the essential functions of his job.
"A qualified individual with a disability is ... an individual with a disability who, with or
without reasonable accommodation, can perform the essential functions ofthe employment position"
in question. Smith v. Clark Cnty. Sch. Dist., 727 F.3d 950, 955 (9th Cir. 2013) (quotation marks
omitted). Demonstrating the plaintiff is a "qualified individual with a disability" is part of the prima
facie case for claims of discrimination and failure to accommodate under the ADA and the OADA.
See id. (setting forth elements of primafacie case for discrimination under the ADA); Samper v.
Providence St. Vincent Med. Ctr., 675 F.3d 1233, 1237 (9th Cir. 2012) (same for failure to
accommodate under the ADA); Hutton v. ElfAtochem N Am., Inc., 273 F.3d 884, 891 n.1 (9th Cir.
2001) (same standards apply to ADA and OADA claims).
Plaintiff asserts that intermittent leave or an exemption from Sunbelt's advance call-in
Page 8 - OPINION AND ORDER
requirement would be a reasonable accommodations that could allow plaintiff to perform his job.
Defendant argues plaintiffs accommodation is too poorly defined to be effective or reasonable. 3
The reasonableness of an accommodation is a question of fact for the jury. Dark. v. Curry
Cnty., 451F.3d1078, 1088 (9th Cir. 2006) (plaintiff"needonly showthatanaccommodationseems
reasonable on its face" to survive summary judgment (internal quotations, citations, and emphasis
omitted)). Unlike some courts, the Ninth Circuit does not hold "regular and predictable job
attendance" to be a per se essential function of all jobs. Humphrey v. Memorial Hosps. Ass 'n, 239
F.3d 1128, 1135 n.11 (9th Cir. 2001 ). Rather, modified schedules in appropriate circumstances are
reasonable accommodations. Id. at 1135.
Defendant has not met the requirements for summary judgment. A reasonable juror could
find plaintiffs proposed accommodations that he be given intermittent leave and/or that he be
excused from the advanced notice requirement when appropriate could be reasonable. A reasonable
juror could also find that plaintiff could perform the position's essential functions with these
accommodations. See Doc. 25-1 at 43-44 (service technician job description silent regarding
required schedule).
The jury should decide whether plaintiffs requested accommodation is
reasonable and would permit him to perform the essential functions of his job.
III.
Defendant's Motivation for Terminating Plaintiff
Defendant's justification for terminating plaintiff is central to his claims for (1) AD AIO AD A
discrimination and retaliation;(2) FMLA/OFLA interference; and (3) OFLA discrimination. To state
3
Defendant also contends a flexible leave policy would not solve the problem, pointing to
plaintiffs history of safety and other infractions unrelated to attendance. This is essentially an
argument that defendant would have fired plaintiff even if he had not had any attendance issues.
Defendant's motivation is addressed in the next section.
Page 9 - OPINION AND ORDER
any of these claims, a plaintiff must show a causal connection between the disability/protected leave
and the adverse employment action. See Thompson v. Davis, 295 F.3d 890, 895 (9th Cir. 2002)
(ADA discrimination); Brown v. City of Tucson, 336 F.3d 1181, 1187 (9th Cir. 2003) (ADA
retaliation); Or. Rev. Stat.§ 659A.139(1) (OADA construed consistently with ADA);Xin Liu, 347
F.3d at 113 6 (FMLA interference); Or. Rev. Stat. § 65 9A.186(2) (0 FLA construed consistently with
FMLA); id. § 183(2) (prohibiting discrimination "because" an employee took or inquired about
protected leave).
The burden-shifting framework set out in McDonnell Douglas Corp. v. Green, 411 U.S. 792,
802-03 ( 1973 ), applies to plaintiffs disability claims. Once he sets forth the prim a facie case for
disability discrimination or retaliation, the burden shifts to the employer to offer a legitimate,
nonretaliatory reason for the adverse action. Pardi v. Kaiser Found. Hasps., 389 F.3d 840, 849 (9th
Cir. 2004 ). The burden then shifts back to the plaintiff to show there is a genuine issue of material
fact as to whether the employer's reason is pretextual. Id. This burden-shifting framework applies
to both federal and state disability claims. See Dawson v. Entek Intern., 630 F.3d 928, 934-35 (9th
Cir. 2011) (because McDonnell Douglas is a procedural rule, federal courts apply it to state claims).
A request for an accommodation is a "protected activity" for the purposes of plaintiffs retaliation
claims. Coons v. Sec '.Y of US. Dep 't of Treasury, 383 F.3d 879, 887 (9th Cir. 2004). At the
summary judgment stage, the question is whether a reasonable juror could conclude "animus based
on a plaintiffs disability or request for an accommodation" played at least a partial role in the
adverse employment action. Dark, 451 F.3d at 1085.
The McDonnell Douglas framework does not apply to plaintiffs family leave claims. Xin
Liu, 34 7 F .3d at 1136. Instead, the question at the summary judgment stage is simply "whether there
Page 10 - OPINION AND ORDER
is a triable issue of material fact as to whether" protected leave "was impermissibly considered as
a factor in [plaintiffs] termination." Id
Before analyzing defendant's arguments regarding motivation, it is necessary to identify the
applicable causation standard. Employment discrimination law uses two standards of causation. The
more stringent "but-for" standard follows "textbook tort law that an action is not regarded as a cause
of an event ifthe particular event would have occurred without it." Univ. of Tex. Sw. Med Ctr. v.
Nassar, 133 S.Ct. 2517, 2525 (2013) (quotation marks omitted). The less demanding "motivating
factor" standard forbids "adverse employment decisions motivated, even in part, by animus based
on a plaintiffs disability or request for an accommodation." Dark, 451 F.3d at 1085 (emphasis in
original) (internal quotations and citations omitted).
For both but-for and motivating factor
causation, "proximity in time between the protected action and the allegedly retaliatory employment
decision" allows an inference that the one caused the other. Rayv. Henderson, 217 F.3d 1234, 1244
(9th Cir. 2000) (quotation marks omitted).
In Nassar, the Supreme Court held that but-for causation is the correct standard for retaliation
claims under Title VII of the Civil Rights Act. 133 S. Ct. at 2533. Noting the Ninth Circuit's
parallel treatment of Title VII and ADA retaliation claims, district courts in this circuit have required
but-for causation for ADA retaliation claims after Nassar. Brooks v. Capistrano Unified Sch. Dist.,
1 F. Supp. 3d 1029, 1037 (C.D. Cal. 2014); Doanv. San Ramon Valley Sch. Dist., 2014 WL296861,
*3 n.4 (N.D. Cal. Jan. 27, 2014). I agree that but-for is the correct causation test for ADA retaliation
claims. But-for causation also applies to plaintiffs state-law discrimination and retaliation claims.
See Siring v. Or. State Bd ofHigher Educ. ex rel. E. Or. Univ., 977 F. Supp. 2d 1058, 1061 (D. Or.
2013). By contrast, the "motivating factor" standard applies plaintiffs ADA discrimination claims
Page 11 - OPINION AND ORDER
and FMLA interference claims. See id. at 1062-63 (ADA discrimination); Bachelder, 259 F.3d at
1125 (FMLA interference).
It is undisputed that excessive absenteeism was one of the reasons plaintiff was terminated;
the dispute here is how many of the absences were protected and whether defendant knew or should
have known they were protected. To be entitled to summary judgment with respect to motivation,
therefore, defendant must show one of two things. First, defendant could show no reasonable juror
could conclude absenteeism was a motivating factor or a but-for cause of termination. Defendant
has not met this standard.
Defendant cited three specific reasons in plaintiffs termination
documentation: unsatisfactory performance, excessive absenteeism, and dishonesty. There is no
question that absenteeism was a motivating factor in the decision, and the jury would have to decide
whether plaintiff still would have been terminated for unsatisfactory performance and/or dishonesty
even in the absence of attendance problems.
Second, defendant could show no reasonable juror could conclude there was a connection
between firing plaintiff for absenteeism and disability/family leave discrimination or retaliation.
Again, this is a question for the jury. The record contains ample documentation of performance
issues unrelated to plaintiffs absences. But events immediately preceding his termination - the
March 10 reprimand, the April 30 absence, the April 30 email from V amell to Burton, the May 1
accounting of plaintiffs use of PTO, and the formal warning for the May 9 absence -
relate to
potentially protected absences. Significantly, Vamell concedes he knew about plaintiffs migraines
in those final weeks, and Burton testified she knew the April 30 absence was due to plaintiffs
daughter's appointment but did not research whether the absence constituted protected family leave.
Burton Dep. 17:8-12.
A reasonable juror could conclude that the absences in the months
Page 12 - OPINION AND ORDER
immediately preceding termination were the straw that broke the camel's back; that Varnell and
Burton knew plaintiffs absences were related to his migraines and/or to his daughter's special
education needs; and that defendant terminated plaintiff without ever considering how to make
modifications to accommodate plaintiffs migraines.
IV.
Request for Accommodation
Employers have "a mandatory obligation under the ADA to engage in an interactive process
with [an] employee to identify and implement appropriate reasonable accommodations" whenever
the employer becomes aware of the need for an accommodation. Humphrey, 239 F .3d at 113 7. The
interactive process "requires communication and good-faith exploration of possible accommodations
between employers and individual employees, and neither side can delay or obstruct the process."
Id. Singular, isolated efforts do not meet an employer's obligation. Id at 1138. Instead, employers
are expected to evaluate the efficacy of accommodations and consider all requests made by an
employee. Id The ADA and the OADA require the same interactive process. Roloff v. SAP Am.,
Inc., 432 F. Supp. 2d 1111, 1122 (D. Or. 2006). "An employee is not required to use any particular
language when requesting an accommodation but need only inform the employer of the need for an
adjustment due to a medical condition." Zivkovic v. S. Cal. Edison Co., 302 F .3d 1080, 1089 (9th
Cir. 2002) (quotation marks omitted).
Plaintiff contends he told his supervisors his absences were related to migraines. Ormsby
Dep. 332:23-334:20. Varnell conceded that he knew about plaintiffs migraines by early 2014.
Vamell Dep. 17:22-18:11. Drawing all inferences in favor of plaintift~ a reasonable juror could
conclude defendant was aware of a need for an accommodation and had an obligation to engage
plaintiff in an interactive process to accommodate his disability.
Page 13 - OPINION AND ORDER
!
f
l
"
V.
FMLAIOFLA Interference
Defendant argues plaintiffs FMLA/OFLA interference claim fails because plaintiff never
notified defendant of a need for family or medical leave. To state a claim for FMLA interference,
a plaintiff must show"( 1) he was eligible for the FMLA' s protections, (2) his employer was covered
by the FMLA, (3) he was entitled to leave under the FMLA, (4) he provided sufficient notice of his
intent to take leave, and (5) his employer denied him [his rightful] benefits." Escriba v. Foster
Poultry Farms, Inc. ,743 F.3d 1236, 1243 (9th Cir. 2014) (quotation marks omitted). An "employee
need not expressly assert rights under the FMLA or even mention the FMLA" to exercise rights
under the law. 29 C.F.R. § 825.302(c). An employee's suggestion that absences are necessary for
a protected reason (for example, by mentioning a health condition) is sufficient to trigger FMLA
protection. Bachelder, 259 F.3d at 1130-31.
The FMLA entitles an eligible employee to take up to 12 work weeks of unpaid leave
annually if a "serious health condition ... makes the employee unable to perform the functions of
the position of such employee." 29 U.S.C. § 2612(a)(l)(D). Migraine headaches can constitute a
"serious health condition" under FMLA. See 29 C.F.R. § 825.113(d) (headaches other than
migraines do not qualify for FMLA protection). The FMLA also entitles an employee to leave to
care for a child with a "serious health condition." 29 U.S.C. § 2612(a)(l)(C). For the same reasons
explained in the previous section, there remain questions of material fact regarding whether
plaintiffs requests for leave were related to migraines and to his daughter's appointments and put
defendant on notice the leave might be protected under the FMLA or the OFLA.
CONCLUSION
Defendant's motion for summary judgment (doc. 16) is GRANTED as to plaintiffs FMLA
Page 14 - OPINION AND ORDER
discrimination/retaliation claim (eighth claim for relief) and is otherwise DENIED.
IT IS SO ORDERED.
Dated
9 ,.J. _ .
~hvY
tlllt~Y of~2016.
Ann Aiken
United States District Judge
Page 15 - OPINION AND ORDER
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?