Equal Employment Opportunity Comm'n v. Cal. Psychiatric Transitions Inc.

• Decision Date: 09 July 2010
• Docket Number: Case No. CV-F-08-1478 LJO DLB.
• Citation: 725 F.Supp.2d 1100
• Parties: EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. CALIFORNIA PSYCHIATRIC TRANSITIONS, INC., Defendant.
• Court: U.S. District Court — Eastern District of California

725 F.Supp.2d 1100

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,

v.CALIFORNIA PSYCHIATRIC TRANSITIONS, INC., Defendant.

Case No. CV-F-08-1478 LJO DLB.

United States District Court,E.D. California.

July 9, 2010.

COPYRIGHT MATERIAL OMITTED.

Dana C. Johnson, US Equal Employment Opportunity Commission, Los Angeles, CA, William Robert Tamayo, U.S. Equal Employment Opportunity Commission, San Francisco, CA, for Plaintiff.

Henry Charles Truszkowski, Hewitt & Truszkowski, North Hollywood, CA, for Defendant.

ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT (Doc. 20, 22)

LAWRENCE J. O'NEILL, District Judge.

The parties have filed cross motions for summary judgment pursuant to Fed.R.Civ. P. 56. Plaintiff the U.S. Equal Employment Opportunity Commission (“EEOC”) moves for summary adjudication on certain of defendant's affirmative defenses. Defendant California Psychiatric Transitions, Inc. (“CPT”) moves for summary judgment on plaintiff's retaliation claim. Each party filed an opposition to the opposing party's cross motion and also filed reply briefs. Pursuant to Local Rule 230(g), these motions were submitted on the pleadings without oral argument, and the hearing set for July 14, 2010 was VACATED. Having considered the moving, opposition and reply papers, as well as the Court's file, the Court issues the following order.

FACTUAL BACKGROUND

A. Overview

Plaintiff EEOC, the federal agency charged with enforcing Title VII of the Civil Rights Act of 1964, as amended (“Title VII”), brought this action on behalf of Charging Party Audel Mendoza (“Mendoza”). The EEOC alleges that Mendoza was fired from his position as a mental health worker at CPT in retaliation both for his association with Mariel Somera (“Somera”), a woman who had complained of, and brought a sexual harassment charge against CPT, and because Mendoza engaged in participation activity. Mendoza's participation in Somera's charge against CPT is the central issue in CPT's motion.

Defendant CPT operates a mental health rehabilitation facility in Delhi, California. (Doc. 22, CPT P & A p. 1.) CPT's president and Medical Director is John T. Hackett, M.D. and the facilities director is James T. Drayton. CPT hired Mendoza in 2002 to counsel residents on activities of daily living, daily charting and reporting, monitoring behavioral changes among other duties. (Doc. 22, CPT P & A p. 2.)

B. The Somera Charge

In 2003, Mariel Somera was hired by CPT as a dietary aide to assist in the kitchen. (Doc. 22 CPT P & A p. 2.) She became friends with Mendoza, and they socialized with each other both inside and outside of the workplace. ¹ In December 2003, Somera resigned her position at CPT and filed an EEOC complaint regarding a claim of sexual harassment by her supervisor Larry Fuentes. On September 14, 2004, and on October 14, 2004, EEOC served CPT with a Notice of Charge of Discrimination on behalf of Somera alleging that Somera was sexually harassed by Manager Larry Fuentes. (“Somera Charge”) (Doc. 22 CPT P & A p. 3; Doc. 24 EEOC Response fact 11-12.)

In early Spring 2005, the EEOC's investigation into the Somera charge became more active. On March 28, 2005, the EEOC mailed CPT Director, James Drayton, a Request for Information and on April 23, 2005, investigator Malinda Tuazon held a teleconference with Drayton to arrange to come on-site and interview witnesses. In its investigation, Mendoza was not identified as a witness either by Somera or by CPT. (Doc. 24, EEOC Response facts 13-16.) In connection with her Charge, Somera provided information to the EEOC in a Questionnaire, which did not list Mendoza as a potential witness. CPT, in its response to the EEOC request for information, did not identify Mendoza as a potential witness. At around the time EEOC began requesting information from CPT, Supervisor Latrice Wills commented to Mendoza that she heard “he still talked” to Somera. Mendoza confirmed he still talked to Somera. A few weeks later, on April 27, 2005, and a few days after the EEOC investigator spoke with the Drayton about conducting an on-site visit, CPT fired Mendoza.

C. Mendoza's Charge of Retaliation

Mendoza filed a charge of discrimination with the EEOC. In June 2005, the EEOC served notice to CPT that Mendoza had filed a Charge of Discrimination claiming retaliation in violation of Title VII. The Charge stated as follows:

“I was hired by Respondent in September 2002. My position title was Mental Heath Worker. On September 14, 2004, a coworker filed a charge of discrimination against Respondent. (EEOC charge no. 370-2005-01635). I have provided information to the EEOC in conjunction with that charge. In early April 2005, Latrice Wills, Supervisor, made the comment, “I hear you still talk to Missy across the street,” in reference to my former coworker who filed the above mentioned charge. On April 28, 2005, I was discharged.

“Respondent did not state a reason for its actions.

“I believe I have been retaliated against for engaging in protected activity.” (Doc. 25, CPT P & A p. 3) (emphasis added).

CPT contends that Mendoza was an at will employee who was terminated because Mendoza had disclosed confidential patient information. (Doc. 22, CPT P & A p. 6.) CPT contends the events stated in the charge, in the highlighted portion above, never occurred.

ANALYSIS AND DISCUSSION

A. Summary Judgment/Adjudication Standards

F.R.Civ.P. 56(b) permits a “party against whom relief is sought” to seek “summary judgment on all or part of the claim.” Summary judgment/adjudication is appropriate when there exists no genuine issue as to any material fact and the moving party is entitled to judgment/adjudication as a matter of law. F.R.Civ.P. 56(c); Matsushita Elec. Indus. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986); T.W. Elec. Serv., Inc. v. Pacific Elec. Contractors Assn., 809 F.2d 626, 630 (9th Cir.1987). The purpose of summary judgment/adjudication is to “pierce the pleadings and assess the proof in order to see whether there is a genuine need for trial.” Matsushita Elec., 475 U.S. at 586, n. 11, 106 S.Ct. 1348; International Union of Bricklayers v. Martin Jaska, Inc., 752 F.2d 1401, 1405 (9th Cir.1985).

On summary judgment/adjudication, a court must decide whether there is a “genuine issue as to any material fact,” not weigh the evidence or determine the truth of contested matters. F.R.Civ.P. 56(c); Covey v. Hollydale Mobilehome Estates, 116 F.3d 830, 834 (9th Cir.1997); see Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970); Poller v. Columbia Broadcasting System, 368 U.S. 464, 467, 82 S.Ct. 486, 7 L.Ed.2d 458 (1962); Loehr v. Ventura County Community College Dist., 743 F.2d 1310, 1313 (9th Cir.1984). The evidence of the party opposing summary judgment/adjudication is to be believed and all reasonable inferences that may be drawn from the facts before the court must be drawn in favor of the opposing party.

Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Matsushita, 475 U.S. at 587, 106 S.Ct. 1348. The inquiry is “whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law.” Anderson, 477 U.S. at 251-252, 106 S.Ct. 2505.

To carry its burden of production on summary judgment/adjudication, a moving party “must either produce evidence negating an essential element of the nonmoving party's claim or defense or show that the nonmoving party does not have enough evidence of an essential element to carry its ultimate burden of persuasion at trial.” Nissan Fire & Marine Ins. Co. v. Fritz Companies, Inc., 210 F.3d 1099, 1102 (9th Cir.2000); see High Tech Gays v. Defense Indus. Sec. Clearance Office, 895 F.2d 563, 574 (9th Cir.1990). “[T]o carry its ultimate burden of persuasion on the motion, the moving party must persuade the court that there is no genuine issue of material fact.” Nissan Fire, 210 F.3d at 1102; see High Tech Gays, 895 F.2d at 574. “As to materiality, the substantive law will identify which facts are material. Only disputes over facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgment.” Anderson, 477 U.S. at 248, 106 S.Ct. 2505.

“If a moving party fails to carry its initial burden of production, the nonmoving party has no obligation to produce anything, even if the nonmoving party would have the ultimate burden of persuasion at trial.” Nissan Fire, 210 F.3d at 1102-1103; see Adickes, 398 U.S. at 160, 90 S.Ct. 1598. “If, however, a moving party carries its burden of production, the nonmoving party must produce evidence to support its claim or defense.” Nissan Fire, 210 F.3d at 1103; see High Tech Gays, 895 F.2d at 574. “If the nonmoving party fails to produce enough evidence to create a genuine issue of material fact, the moving party wins the motion for summary judgment.” Nissan Fire, 210 F.3d at 1103; see Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) (“Rule 56(c) mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make the showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial.”)

“But if the nonmoving party produces enough evidence to create a genuine issue of material fact, the nonmoving party defeats the motion.” Nissan Fire, 210 F.3d at 1103; see Celotex, 477 U.S. at 322, 106 S.Ct. 2548. “The amount of evidence necessary to raise a genuine issue of material fact is enough ‘to require a jury or judge to resolve the parties' differing versions of the truth at trial.’ ” Aydin Corp. v. Loral Corp., 718 F.2d 897, 902 (9th Cir.1983) (quoting First Nat'l Bank v. Cities Service Co., 391 U.S. 253, 288-289, 88 S.Ct. 1575, 1592, 20 L.Ed.2d 569 (1968))....