Jesus v. Sanofi Aventis Puerto Rico, Inc.
| Decision Date | 30 July 2018 |
| Docket Number | Civil No. 15-1803 (BJM) |
| Parties | HECTOR ZABALA-DE JESUS, et al., Plaintiffs, v. SANOFI AVENTIS PUERTO RICO, INC., et al., Defendants. |
| Court | U.S. District Court — District of Puerto Rico |
Alleging age discrimination, Hector Zabala-de Jesus ("Zabala"), Dolly Ann Rivera-Roman, and the Conjugal Partnership Rivera-Zabala brought this action against Sanofi Aventis Puerto Rico, Inc. ("Sanofi PR") and Sanofi US Services, Inc. (collectively, "Sanofi") under the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 621 et seq., Puerto Rico Law 100 ("Law 100"), P.R. Laws Ann. tit. 29, § 146, and Article 1802 of the Puerto Rico Civil Code ("Article 1802"), P.R. Laws Ann. tit. 31, § 5141. Docket No. 10. Sanofi moved for judgment on the pleadings, and on March 13, 2017, I dismissed plaintiffs' state law claims. Docket No. 35. Sanofi now moves for summary judgment on plaintiffs' remaining ADEA claim, Docket Nos. 55, 79, and plaintiffs opposed, Docket Nos. 63, 82. The case is before me on consent of the parties. Docket No. 15.
For the reasons set forth below, the motion for summary judgment is GRANTED.
Summary judgment is appropriate when the movant shows "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" only if it "is one that could be resolved in favor of either party." Calero-Cerezo v. U.S. Dep't of Justice, 355 F.3d 6, 19 (1st Cir. 2004). A fact is "material" only if it "might affect the outcome of the suit under the governing law." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). The moving party bears the initial burden of "informing the district court of the basis for its motion, and identifying those portions" of the record materials "which it believes demonstrate the absence" of a genuine dispute of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986).
The court does not act as trier of fact when reviewing the parties' submissions and so cannot "superimpose [its] own ideas of probability and likelihood (no matter how reasonable those ideas may be) upon" conflicting evidence. Greenburg v. P.R. Mar. Shipping Auth., 835 F.2d 932, 936 (1st Cir. 1987). Rather, it must "view the entire record in the light most hospitable to the party opposing summary judgment, indulging all reasonable inferences in that party's favor." Griggs-Ryan v. Smith, 904 F.2d 112, 115 (1st Cir. 1990). The court may not grant summary judgment "if the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Anderson, 477 U.S. at 248.
Except where otherwise noted, the following facts are drawn from the parties' Local Rule 561 submissions.2
Sanofi is a global life sciences company that manufactures and markets pharmaceutical products in, among others, diabetes, oncology, renal, hematology, and bio-surgery as well as medical devices. SUF ¶¶ 1, 29. Sanofi hired Zabala on April 1, 1997 as a Product Manager for principally cardiovascular products but also anti-infective and injectable products. SUF ¶¶ 2, 5, 9. In 2000, Zabala became a Marketing Manager where he did similar work but also managed more products, including urology products. SUF ¶¶10-11. In 2003, Zabala was promoted again to Senior Marketing Manager. Although he worked with multiple products, his principal focus was on three cardiovascular pharmaceuticals, Plavix, Avapro, and Avalide. SUF ¶¶ 7, 13.
Until they lost their patent protection in 2012, the cardiovascular products that Zabala managed accounted for 70% of Sanofi PR's sales. SUF ¶ 21. Zabala managed fifty sales representatives dedicated to cardiovascular products by managing their sales budgets, designing the marketing strategies, and ensuring proper implementation of those strategies by the sales representatives. SUF ¶ 23; OSF ¶ 23. Zabala knew that Plavix, Avapro, and Avalide would lose their patent protection in 2012 and that the loss would lead to a significant reduction in investment by Sanofi in those products. SUF ¶¶ 24, 27-28.
Once Sanofi switched away from cardiovascular products in 2012, Zabala was reassigned to be the Senior Marketing Manager of the Specialty Business Unit, which included oncology, renal, hematology, and bio-surgery products, and medical devices. SUF ¶¶ 29, 32. He was supervised by Waleska Rodriguez, who was Director of the Specialty Business Unit. SUF ¶ 34. As part of the Specialty Business Unit, Zabala managed four sales representatives and oversaw products that represented 18.2% of Sanofi PR's marketing budget for 2012. SUF ¶¶ 35-36. This was projected to decrease significantly by 2014. SUF ¶ 87. He knew that the Specialty Business Unit would not continue to grow in sales in 2014 and that it therefore would not need a higher marketing budget. SUF ¶ 88. He also knew that the Specialty Business Unit was not launching any new products in 2014.
Sanofi PR conducted mid-year and year-end evaluations. SUF ¶ 51. As part of the year-end evaluations, an employee's supervisor rated each employee with an overall rating between one and nine based on Sanofi's 9-Box Grid System. SUF ¶¶ 49, 51, 53. In 2010, Zabala received an overall performance evaluation of seven, which meant that he exceeded expectations regarding his priorities and results but did not demonstrate the expected behaviors and competencies. SUF ¶¶ 52-53. In 2011, Zabala received an overall performance evaluation of five, which meant that he met expectations regarding his priorities and results and demonstrated expected behaviors and competencies. SUF ¶¶ 56-57. In 2012, Zabala received an overall performance evaluation of one, which was the lowest possible score and meant that he was below expectations regarding his priorities and results as well as behaviors and competencies. SUF ¶¶ 60-62. Zabala contested the validity of his low evaluation at the time, but he conceded that it was at least in part related to the fact that the sales representatives were unsatisfied with how he had managed new products. SUF ¶ 63; OSF ¶¶ 60, 63. In 2013, Rodriguez gave Zabala an overall performance evaluation of four, which was taken into account when deciding to fire him, although the evaluation was not yet finalized. SUF ¶¶ 67, 72.
Sanofi hired Brenda Bonet as a Marketing Manager of diabetes products in 2007. SUF ¶ 45. Brenda Bonet provided marketing support and supervised thirty-five sales representatives in the Diabetes Business Unit, and she was supervised by Angela Febles, the Director of the Diabetes Business Unit. SUF ¶¶ 41, 43, 45. In 2012, the Diabetes Business Unit generated the majority of Sanofi PR's sales and therefore had the largest marketing budget. SUF ¶ 40; OSF ¶ 40. By 2013, diabetes products accounted for close to 80% of Sanofi PR's sales, and they were prepared to launch a new product in 2014. SUF ¶¶ 76, 90. From her work in diabetes products, Bonet had an excellent relationship with endocrinologists in Puerto Rico, which constitute a small and closed circle of doctors, and with the Endocrinologist Association. SUF ¶ 48. In 2010, Bonet received an overall performance rating of four, which meant that she was meeting expectations regarding her priorities and results but did not demonstrate expected behaviors and competencies. SUF ¶¶ 54-55. In 2011 and 2012, Bonet's overall performance rating was eight, which meant that she exceeded expectations regarding her priorities and results and demonstrated expected behaviors and competencies. SUF ¶¶ 58-59, 65-66. In 2013, Bonet had not received her final evaluation before Zabala was fired, but Febles gave Bonet an overall performance evaluation of five, which was taken into account when deciding whether to select her for a new role. SUF ¶ 69.
In August of 2013, Sanofi PR hired David Freeman as its General Manager and Vice President. SUF ¶ 73. Soon after, Freeman began an assessment of how to restructure Sanofi PR. SUF ¶¶ 77, 80. Freeman analyzed the Diabetes Business Unit and the Specialty Business Unit, future products for Puerto Rico, and the life cycle of those products; he met with the Business Unit Directors, the Finance Director, the Market Access Director, Febles, and Rodriguez; and he conducted a business review where Febles and Rodriguez and their sales teams, including Zabala, presented their business units, the sales of their units, the investments they were making in sales and activities, and the projections for future sales performance. SUF ¶¶ 81-86.
After his assessment, Freeman created his Initial Assessment Findings, which identified the need to reorganize Sanofi PR. SUF ¶¶ 92-94. Freeman began working with Adriana Bury, Human Resources Business Partner Director in the Global Services Division, to reorganize Sanofi PR including eliminating positions and creating new positions. SUF ¶¶ 95-96, 98. In October 2013, Sanofi approved Freeman's proposal to create a Product Manager focused on diabetes products and a Business Intelligence Manager. SUF ¶ 101. Febles and Bonet recommended that Freeman create the Product Manager position to support the launch of new diabetes products. SUF ¶ 102. Freeman told Bury that the Product Manager would provide the "Diabetes Marketing Manager (Brenda Bonet)" supervisory experience so that she could be developed into a Senior Marketing Manager in 2014. OSF ¶ 101. All Sanofi PR employees received an email about the new Business Intelligence Manager position opening on November 4, 2013 and November 6, 2013. SUF ¶¶ 110-11. Zabala did not apply although he had applied for other job openings at Sanofi PR in the past. SUF ¶ 112. Although Zabala was not interested in the Product Manager position, he would have been interested in the Business Intelligence Manager position if it had been offered to him at the time that he found out that his position as Senior Marketing Manager of the Specialty Business Unit was being eliminated. SUF ¶¶101, 161; ...
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