Pieszak v. Glendale Adventist Medical Center

• Decision Date: 01 August 2000
• Docket Number: No. CV 97-4705 ABC (CWX).,CV 97-4705 ABC (CWX).
• Citation: 112 F.Supp.2d 970
• Court: U.S. District Court — Central District of California
• Parties: Caroline PIESZAK, M.D., Plaintiff, v. GLENDALE ADVENTIST MEDICAL CENTER, et al., Defendant.

112 F.Supp.2d 970

Caroline PIESZAK, M.D., Plaintiff, v. GLENDALE ADVENTIST MEDICAL CENTER, et al., Defendant.

No. CV 97-4705 ABC (CWX).

United States District Court, C.D. California.

August 1, 2000.

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Andrews & Hensleigh, Barbara Hensleigh, John Aumer, Los Angeles, CA, for Plaintiff.

Rushfedlt, Shelley & Drake, Linda C. Miller Savitt, Gordon N. Kojima, Sherman Oaks, Demetriou, Del Guercio, Springer & Moyer, Jeffrey Springer, Regina Cobb, Los Angeles, CA, for Defendant.

ORDER (1) GRANTING DEFENDANT LOPEZ' MOTION FOR SUMMARY JUDGMENT; (2) GRANTING IN PART AND DENYING IN PART DEFENDANT RIFFEL'S MOTION FOR SUMMARY JUDGMENT; AND (3) GRANTING IN PART AND DENYING IN PART DEFENDANT GLENDALE ADVENTIST'S MOTION FOR SUMMARY JUDGMENT

COLLINS, District Judge.

Defendants filed three separate motions pursuant to Fed.R.Civ.P. 56 on January 31, 2000. Defendants' motions came on regularly for hearing before this Court on July 17, 2000. After considering the materials submitted by the parties, argument of counsel, and the case file, the Court GRANTS AND DENIES the motions as indicated herein.

I. Procedural Background

On June 26, 1997, Plaintiff Caroline Pieszak, M.D., filed a Complaint against Defendants Glendale Adventist Medical Center ("GAMC"), Hugo Riffel, M.D., and Robert Lopez, M.D. The Complaint alleged various claims stemming from Pieszak's participation in GAMC's Obstetrics/Gynecology residency program. A First Amended Complaint was filed on March 24, 1998. On October 15, 1998, the Court granted Pieszak leave to file a Second Amended Complaint ("SAC") and a Supplemental Complaint ("SupC"). Pieszak filed the SAC on December 17, 1998.

The SAC alleges twelve claims for relief. Eight claims seek relief from GAMC only. These claims are three Title VII, 42 U.S.C. § 2000e, claims (gender discrimination, sexual harassment, and retaliation), a breach of contract claim, a bad faith claim, a state Fair Employment and Housing Act ("FEHA") claim for gender discrimination, a negligent supervision claim, and a wrongful termination claim. The SAC alleges one claim against GAMC and Riffel: A denial of fair procedure claim. Two claims seek relief against all three Defendants: a FEHA sexual harassment claim and a FEHA retaliation claim. The final claim is a slander claim against Riffel only. The Defendants answered the SAC.

The SupC alleges two retaliation claims against GAMC. One of the claims is based on Title VII; the other is based on FEHA. GAMC answered the SupC.

Before the SAC was filed, Defendants filed various motions for summary judgment. On October 15, 1998 and again on December 16, 1998, the Court took those motions under submission pending the California Supreme Court's ruling in Kelly v. Methodist Hospital of Southern California.

On November 23, 1999, the California Supreme Court still had not heard oral argument on Kelly. On that date, the Court informed the parties of its intent to proceed with the case. After receiving a status report from the parties, the Court ordered the parties to refile their motions for summary judgment and issued a briefing and hearing schedule. Before the hearing, however, the California Supreme Court heard oral arguments in Kelly. On March 10, 2000, the Court once again continued the hearing to July 10, 2000 to await the Kelly decision. The Kelly decision was issued on May 11. See Kelly v. Methodist Hosp. of S. Cal., 22 Cal.4th 1108, 95 Cal.Rptr.2d 514, 997 P.2d 1169 (2000).

II. Summary Judgment Standard of Review

It is the burden of the party who moves for summary judgment to establish that there is "no genuine issue of material fact, and that the moving party is entitled to judgment as a matter of law." Fed. R.Civ.P. 56(c); British Airways Bd. v. Boeing Co., 585 F.2d 946, 951 (9th Cir. 1978). If the moving party has the burden of proof at trial (the plaintiff on a claim for relief, or the defendant on an affirmative defense), the moving party must make a showing sufficient for the court to hold that no reasonable trier of fact could find other than for the moving party. Calderone v. United States, 799 F.2d 254, 259 (6th Cir.1986) (quoting W. Schwarzer, Summary Judgment Under the Federal Rules: Defining Genuine Issues of Material Fact, 99 F.R.D. 465, 487-88 (1984)). This means that, if the moving party has the burden of proof at trial, that party "must establish beyond peradventure all of the essential elements of the claim or defense to warrant judgment in [that party's] favor." Fontenot v. Upjohn Co., 780 F.2d 1190, 1194 (5th Cir.1986) (emphasis in original).

If the opponent has the burden of proof at trial, then the moving party has no burden to negate the opponent's claim. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). In other words, the moving party does not have the burden to produce any evidence showing the absence of a genuine issue of material fact. Id. at 325, 106 S.Ct. 2548. "Instead, ... the burden on the moving party may be discharged by `showing' — that is, pointing out to the district court — that there is an absence of evidence to support the nonmoving party's case." Id.

Once the moving party satisfies this initial burden, "an adverse party may not rest upon the mere allegations or denials of the adverse party's pleadings ... [T]he adverse party's response ... must set forth specific facts showing that there is a genuine issue for trial." Fed.R.Civ.P. 56(e) (emphasis added). A "genuine issue" of material fact exists only when the nonmoving party makes a sufficient showing to establish the essential elements to that party's case, and on which that party would bear the burden of proof at trial. Celotex, 477 U.S. at 322-23, 106 S.Ct. 2548. "The mere existence of a scintilla of evidence in support of the plaintiff's position will be insufficient; there must be evidence on which a reasonable jury could reasonably find for plaintiff." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The evidence of the nonmovant is to be believed, and all justifiable inferences are to be drawn in favor of the nonmovant. Id. at 248, 106 S.Ct. 2505. However, the court must view the evidence presented to establish these elements "through the prism of the substantive evidentiary burden." Id. at 252, 106 S.Ct. 2505.

III. Factual Background¹

A. GAMC.

Pieszak joined GAMC's OB/Gyn residency program on June 21, 1995. (Riffel Decl. ¶ 7.) GAMC is a California corporation organized under the California Nonprofit Religious Corporation Law. (Pl.'s Stmnt. of Genuine Issues re: Lopes Motion ("L.Facts") ¶ 6; Patten Decl. Ex. 1.) GAMC initially incorporated as a nonprofit religious corporation in October 1980. (L. Facts ¶ 4; Patten Decl. Ex. 1 at 131-163.)

GAMC maintains an OB/Gyn residency program. Since 1981, Riffel has been the director of the OB/Gyn residency program. (Pl.'s Stmnt. of Genuine Issues re: Riffel Motion ("R.Facts") ¶ 62.) The GAMC's OB/Gyn residency program has as one of its purposes to provide graduate training on OB/Gyn and related specialties. (R. Facts ¶ 1.) The program lasts for four years. (Id.) The residents in the program provide medical services to GAMC's patients. (See Riffel Decl. Ex. D.) Moreover, the residents in the program are compensated by GAMC for these services. (R. Facts ¶ 1.) GAMC also provides insurance, vacation and sick leave, and maternity leave to its residents. Residents are required to devote their entire professional time to GAMC and are expressly precluded from offering their services anywhere else. (Riffel Decl. Ex. D.) In short, a resident is also an employee vis-a-vis GAMC. The residency program consists of only eight residents, two for each year of the program. (R. Facts ¶ 3.)

GAMC participates in a nationwide "matching program" to select its residents. (Riffel Reply Decl. ¶ 2.) Each participating institution submits a ranked list of preferred applicants, and each applicant also submits a ranked list of preferred institutions. (Id.) The "program" then uses an algorithm to match applicants with institutions.

Eighteen individuals were part of the GAMC residency program from July 1992 to June 1998. (Russo Decl. ¶ 6.) Of these eighteen individuals, six (or 33%) were females. At any one time, females comprised no more than 37.5% of the residents in the GAMC program. (Id.) During the same period of time, over 50% of the residents in OB/Gyn programs nationwide were female. (Id. at ¶ 6.)

During Pieszak's residency at GAMC, the hospital did not provide readily available shower facilities for female residents. (Pieszak Decl. ¶ 40.) Female residents had to either shower in the male doctor's shower facilities or in a patient room. The physician scrub clothes were also stored in the male doctor's facility. Thus, female residents were forced either to enter the male facilities to get physician scrub clothes or to wear scrub clothes identifying them as nurses. (Id. at ¶ 40.)

B. Pieszak's First Year Residency.

Pieszak applied for the GAMC residency program while still in medical school. (Pieszak Depo at 10-15, 17-18, 24.) As part of the application process, Lopez conducted a "one-on-one personal interview" with Pieszak. (Id. at 24.) During this interview, Lopez asked Pieszak about her birth control methods. (Id. at 10-15, 17-18.) He told Pieszak that "it was well known that Dr. Riffel did not like his female residents to get pregnant during residency" and that "[i]t was not appreciated by the team." (Id. at 18:7-10.)

Pieszak first learned that she had been accepted into GAMC's residency program when she received a letter, dated March 15, 1995, from Riffel welcoming her to the program. (R. Facts ¶ 6.) On March 27, 1995, Pieszak signed a one-year contract with GAMC formalizing the terms of her residency with GAMC. (R. Facts ¶ 7.) The contract stated that she was to start her residency on June 19, 1995. (Id.) Unfortunately, she...