Abdul-Haqq v. Permanente Med. Grp., 3:19-cv-03727-JD

• Court: United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
• Writing for the Court: JAMES DONATO, United States District Judge.
• Parties: JAMILAH ABDUL-HAQQ, Plaintiff, v. PERMANENTE MEDICAL GROUP, INC., et al., Defendants.
• Docket Number: 3:19-cv-03727-JD
• Decision Date: 12 October 2022

JAMILAH ABDUL-HAQQ, Plaintiff,
v.
PERMANENTE MEDICAL GROUP, INC., et al., Defendants.

No. 3:19-cv-03727-JD

United States District Court, N.D. California

October 12, 2022

ORDER RE SUMMARY JUDGMENT RE THE PERMANENTE MEDICAL GROUP

JAMES DONATO, United States District Judge.

Plaintiff Jamilah Abdul-Haqq filed this lawsuit against defendants The Permanente Medical Group (TPMG), Kaiser Foundation Hospitals (KFH), the California Nurses Association (CNA), and eight individuals, asserting various claims arising from her employment with TPMG. Dkt. No. 20. The Court dismissed all the claims except for Abdul-Haqq's wrongful termination claim against TPMG and her claim for violation of the duty of fair representation against CNA, Dkt. No. 82, and subsequently granted summary judgment for CNA on that count, Dkt. Nos. 155, 156.

Consequently, the sole remaining claim in this case is whether TPMG wrongfully terminated Abdul-Haqq from her job as a nurse in violation of public policy. Dkt. No. 82. The Court initially understood that this claim related only to Abdul-Haqq's allegations of retaliation for filing workplace complaints, id., but the parties discussed disability discrimination as another potential public policy ground in their cross-motions for summary judgment, and so that will be taken up here as well. Dkt. No. 121 (TPMG motion); Dkt. No. 126 (Abdul-Haqq motion).

The record before the Court indicated that TPMG had legitimate, non-discriminatory and non-pretextual reasons for terminating Abdul-Haqq's employment, and Abdul-Haqq did not demonstrate any genuine disputes of fact that might weigh against summary judgment. Dkt. No.

1

157. Even so, out of an abundance of caution in light of Abdul-Haqq's pro se status, the Court held a hearing on July 21, 2022, to allow Abdul-Haqq to identify the evidence that might warrant a trial. Dkt. Nos. 157, 177. The parties' familiarity with the record is assumed, and summary judgment is granted in TPMG's favor.

STANDARDS

Parties “may move for summary judgment, identifying each claim or defense -- or the part of each claim or defense -- on which summary judgment is sought. The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). A dispute is genuine “if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986).

A fact is material if it could affect the outcome of the suit under the governing law. See Id. To determine whether a genuine dispute as to any material fact exists, the Court views the evidence in the light most favorable to the nonmoving party, and “all justifiable inferences are to be drawn” in that party's favor. Id. at 255. The moving party may initially establish the absence of a genuine issue of material fact by “pointing out to the district court that there is an absence of evidence to support the nonmoving party's case.” Celotex Corp. v. Catrett, 477 U.S. 317, 325 (1986). It is then the nonmoving party's burden to go beyond the pleadings and identify specific facts that show a genuine issue for trial. Id. at 323-24. “A scintilla of evidence or evidence that is merely colorable or not significantly probative does not present a genuine issue of material fact.” Addisu v. Fred Meyer, Inc., 198 F.3d 1130, 1134 (9th Cir. 2000).

“It is not the Court's responsibility to root through the record to establish the absence of factual disputes, or to look for evidence on the nonmoving parties' behalf.” CZ Servs., Inc. v. Express Scripts Holding Co., No. 3:18-cv-04217-JD,...