Stark v. Hartt Transp. Sys., Inc.
| Decision Date | 11 August 2014 |
| Docket Number | Case No. 2:12–cv–00195–JDL. |
| Citation | 37 F.Supp.3d 445 |
| Court | U.S. District Court — District of Maine |
| Parties | John STARK, Plaintiff, v. HARTT TRANSPORTATION SYSTEMS, INC., Defendant. |
Chad T. Hansen, Peter L. Thompson, Adrienne S. Hansen, Maine Employee Rights Group, Portland, ME, for Plaintiff.
Melinda J. Caterine, Shiloh D. Theberge, Fisher & Phillips, LLP, Portland, ME, for Defendant.
ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
The United States Magistrate Judge filed his Recommended Decision (ECF No. 124) with the court on April 1, 2014, pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b). The defendant filed Objections to the Recommended Decision on April 18, 2015. (ECF No. 128.) The Plaintiff filed his Response to Defendant's Objection on May 5, 2104 (ECF No. 130), the Defendant filed its Reply on May 23, 2014 (ECF No. 133), and the Plaintiff filed his Surreply on May 29, 2014. (ECF No. 135.) A hearing was held on the objections on July 31, 2014. Chad T. Hansen, Esq., appeared for Plaintiff, and Melinda Caterine, Esq., appeared for Defendant.
I have carefully reviewed and considered the Magistrate Judge's Recommended Decision, together with the entire record; I have made a de novo determination of all matters adjudicated by the Magistrate Judge's Recommended Decision; and I concur with the recommendations of the United States Magistrate Judge for the reasons set forth in his Recommended Decision.
It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby ACCEPTED.
Hartt Transportation Systems, Inc. (“Hartt”) moves for summary judgment as to former employee John Stark's three claims against it, for (i) disability-based discrimination and breach of confidentiality in violation of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq. (Count I), (ii) retaliation in violation of the Surface Transportation Assistance Act of 1982 (“STAA”), 49 U.S.C. § 31105 (Count II), and (iii) retaliation in violation of the Maine Whistleblower's Protection Act (“MWPA”), 26 M.R.S.A. § 861 et seq., as enforced through the Maine Human Rights Act (“MHRA”), 5 M.R.S.A. § 4551 et seq. (Count III). See Complaint (ECF No. 1) ¶¶ 1, 110–15; Defendant's Motion for Partial Summary Judgment (ADA/Confidentiality Claim) (“Defendant's S/J Motion/Confidentiality”) (ECF No. 87) at 1, 10; Defendant's Motion for Partial Summary Judgment (ADA Discrimination/MWPA/STAA Claims) (“Defendant's S/J Motion/Remaining Claims”) (ECF No. 86) at 1, 30.
In connection with its motions, Hartt also seeks to preclude Stark from relying, in opposing summary judgment, on facts set forth in his opposing statement of material facts that are not set forth in his additional statement of material facts. See Defendant's Expedited Motion Requesting Order Prohibiting Plaintiff From Relying on Any Additional Facts Contained in His Opposing Statement of Material Facts That Do Not Appear in His Additional Statement of Material Facts (“Defendant's Motion/Facts”) (ECF No. 106).1
Stark cross-moves for summary judgment on his claim of violations of ADA confidentiality provisions but not on causation, acknowledging that there is a triable issue as to whether those alleged violations caused Hartt to terminate his employment. See Plaintiff's Motion for Partial Summary Judgment (“Plaintiff's S/J Motion”) (ECF No. 84) at 1–2, 10.
Oral argument was held before me on the parties' cross-motions for summary judgment on March 25, 2014.
For the reasons that follow, I grant in part and deny in part the Defendant's Motion/Facts and recommend that the court (i) grant the Plaintiff's S/J Motion as to Count I to the extent that Stark alleges that disclosures made on December 13 and 15, 2010, violated ADA confidentiality provisions, but otherwise deny it, (ii) grant the Defendant's S/J Motion/Confidentiality as to Count I to the extent that Stark alleges that the disclosure made on October 7, 2010, violated ADA confidentiality provisions and that there was any violation of the ADA examination provisions, but otherwise deny it, and (iii) grant the Defendant's S/J Motion/Remaining Claims as to Count III, Stark's claim of retaliation in violation of the MWPA, and Count I to the extent that Stark alleges discrimination based on a record of disability in violation of the ADA, but otherwise deny it.
Summary judgment is appropriate “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) ; Santoni v. Potter, 369 F.3d 594, 598 (1st Cir.2004). “A dispute is genuine if the evidence about the fact is such that a reasonable jury could resolve the point in the favor of the nonmoving party.” Rodríguez–Rivera v. Federico Trilla Reg'l Hosp. of Carolina, 532 F.3d 28, 30 (1st Cir.2008) (quoting Thompson v. Coca–Cola Co., 522 F.3d 168, 175 (1st Cir.2008) ). “A fact is material if it has the potential of determining the outcome of the litigation.” Id. (quoting Maymi v. P.R. Ports Auth., 515 F.3d 20, 25 (1st Cir.2008) ).
The party moving for summary judgment must demonstrate an absence of evidence to support the nonmoving party's case. Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). In determining whether this burden is met, the court must view the record in the light most favorable to the nonmoving party and give that party the benefit of all reasonable inferences in its favor. Santoni, 369 F.3d at 598. Once the moving party has made a preliminary showing that no genuine issue of material fact exists, the nonmovant must “produce specific facts, in suitable evidentiary form, to establish the presence of a trialworthy issue.” Triangle Trading Co. v. Robroy Indus., Inc., 200 F.3d 1, 2 (1st Cir.1999) (citation and internal punctuation omitted); Fed.R.Civ.P. 56(c). “As to any essential factual element of its claim on which the nonmovant would bear the burden of proof at trial, its failure to come forward with sufficient evidence to generate a trialworthy issue warrants summary judgment to the moving party.” In re Spigel, 260 F.3d 27, 31 (1st Cir.2001) (citation and internal punctuation omitted).
“This framework is not altered by the presence of cross-motions for summary judgment.” Cochran v. Quest Software, Inc., 328 F.3d 1, 6 (1st Cir.2003). “[T]he court must mull each motion separately, drawing inferences against each movant in turn.” Id. (citation omitted); see also, e.g., Wightman v. Springfield Terminal Ry. Co., 100 F.3d 228, 230 (1st Cir.1996) ( ) (citations omitted).
The evidence that the court may consider in deciding whether genuine issues of material fact exist for purposes of summary judgment is circumscribed by the local rules of this district. See Loc. R. 56. The moving party must first file a statement of material facts that it claims are not in dispute. See Loc. R. 56(b). Each fact must be set forth in a numbered paragraph and supported by a specific record citation. See id. The nonmoving party must then submit a responsive “separate, short, and concise” statement of material facts in which it must “admit, deny or qualify the facts by reference to each numbered paragraph of the moving party's statement of material facts[.]” Loc. R. 56(c). The nonmovant likewise must support each denial or qualification with an appropriate record citation. See id. The nonmoving party may also submit its own additional statement of material facts that it contends are not in dispute, each supported by a specific record citation.See id. The movant then must respond to the nonmoving party's statement of additional facts, if any, by way of a reply statement of material facts in which it must “admit, deny or qualify such additional facts by reference to the numbered paragraphs” of the nonmovant's statement. See Loc. R. 56(d). Again, each denial or qualification must be supported by an appropriate record citation. See id.
Failure to comply with Local Rule 56 can result in serious consequences. “Facts contained in a supporting or opposing statement of material facts, if supported by record citations as required by this rule, shall be deemed admitted unless properly controverted.” Loc. R. 56(f). In addition, “[t]he court may disregard any statement of fact not supported by a specific citation to record material properly considered on summary judgment” and has “no independent duty to search or consider any part of the record not specifically referenced in the parties' separate statement of fact.” Id.; see also, e.g., Sánchez–Figueroa v. Banco Popular de P.R., 527 F.3d 209, 213–14 (1st Cir.2008) ; Fed.R.Civ.P. 56(e)(2) ().
The parties' statements of material facts, credited to the extent that they are either admitted or supported by record citations in accordance with Local Rule 56, with disputes resolved in favor of Hartt as the nonmovant, reveal the following.2
Stark was employed by Hartt from October 8,...
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Stark v. Hartt Transp. Sys., Inc.
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