Straub v. Cnty. of Maui
| Decision Date | 10 October 2019 |
| Docket Number | CIV. NO. 17-00516 JMS-WRP |
| Parties | ROBERT G. STRAUB, Plaintiff, v. COUNTY OF MAUI; DIRECTOR TEENA RASMUSSEN, Defendants. |
| Court | U.S. District Court — District of Hawaii |
On November 9, 2017, Plaintiff Robert G. Straub ("Straub") filed a First Amended Complaint ("FAC") alleging claims against Defendants County of Maui (the "County") and Teena Rasmussen ("Rasmussen"), Managing Director of the County Office of Economic Development (the "OED") (collectively, "Defendants") relating to his termination from his job with the County. ECF No. 8.
Currently before the court are: (1) Defendants' Motion for Summary Judgment, ECF No. 93; and (2) Straub's Counter Motion for Partial Summary Judgment, ECF No. 101 (collectively, the "Motions"). Based on the following, the court: (1) GRANTS in part and DENIES in part Defendants' Motion for Summary Judgment; and (2) DENIES Straub's Counter Motion for Partial Summary Judgment.
In January 2011, Mayor Alan Arakawa (the "Mayor") appointed Straub to work in the Mayor's Office as an "at will employee," and the Mayor's Chief of Staff, Herman Andaya ("Andaya") directly supervised Straub until 2014 when Straub was transferred. Def. CSF ¶¶ 1-2, 4; see also Andaya Decl. ¶ 4, ECF No. 94-4. Straub was transferred to the OED in late 2014, and in January 2015, Straub was assigned to the OED's Business Resource Center (the "BRC") located at an OED satellite office in the Maui Mall. Def. CSF ¶ 4, 6; Rasmussen Decl. ¶ 3, ECF No. 94-3; Andaya Decl. ¶ 4. From 2015 until 2017 when Straub was terminated, Straub worked at the BRC under the direct supervision of Karen Arakawa ("Arakawa"), and Straub and Arakawa were the only two OEDemployees at the BRC. Def. CSF ¶ 6; see also Rasmussen Decl. ¶ 5. Rasmussen was the Director of the OED. Rasmussen Decl. ¶ 2.
While working at the BRC, Straub took three periods of Family and Medical Leave Act (the "FMLA") leave to care for his wife, Francine Straub ("Francine"), who lives in Arizona.2 Def. CSF ¶ 19. Straub applied for and was approved to take FMLA leave from November 2 to 13, 2015. Pl. Ex. 1, ECF No. 102-6. As part of the FMLA approval process, Straub submitted a "Certification of Health Care Provider for Family Member's Serious Health Condition" hand-signed by Dr. Ramit Kahlon ("Kahlon"). See id.; Def. Ex. C, ECF No. 94-14. Straub wrote in the certification that he needed the leave because ECF No. 94-14 at PageID #1697.
Straub then applied for and was approved to take FMLA leave from June 22 to July 8, 2016. Pl. Ex. 2, ECF No. 102-7. As part of the FMLA approval process, Straub submitted an Application for Leave dated April 22, 2016, and a "Certification of Health Care Provider for Family Member's Serious Health Condition" that was purportedly "digitally signed" by Dr. Ahmad Nizam ("Nizam") on April 12, 2016. Id.; Def. Ex. A, ECF No. 94-12. Straub wrote in thecertification that he needed the leave because "[d]ue to blindness and several follow up Doctor appointments, there is a need [for Straub] to be accessible for 2-3 weeks . . . ." ECF No. 94-12, at PageID #1689. In the section to be filled out by the health care provider, it states that "[i]t has been determined that patient has Parkinson's Disease and should be seen every 6 months at least." Id. at PageID #1690.
Next, Straub applied for and was approved to take FMLA leave from January 3 to 20, 2017. Def. Ex. H, ECF No. 94-19. As part of the FMLA approval process, Straub submitted an Application for Leave dated October 24, 2016, id., and a "Certification of Health Care Provider for Family Member's Serious Health Condition" that was purportedly "digitally signed" by Nizam on October 20, 2016, Pl. Ex. 3, ECF No. 102-8; Def. Ex. B, ECF No. 94-13. Straub described the reason he needed leave: "[c]ontinuous follow up for Parkinson's Disease at Muhammad Ali Parkinson's Institute . . . And with Dr [sic] Nizam (neurology Specialist)." ECF No. 94-13 at PageID #1693.
On January 27, 2017, Rasmussen told Straub that he would be laid off, effective January 31, 2017. Def. CSF ¶ 17; Rasmussen Decl. ¶ 18. Straub was 71 years old at the time. Straub Decl. ¶ 3, ECF No. 102-3. Rasmussen gave Straub's position, BRC Coordinator, to Ipo Mossman ("Mossman"), who had beenworking on a special assignment for the County and was 66 years old at the time. Def. CSF ¶¶ 17-18; Straub Decl. ¶ 3; Rasmussen Decl. ¶ 9.
On July 12, 2017, Straub filed a "Charge of Discrimination" with the Hawaii Civil Rights Commission (the "HCRC") and the Equal Employment Opportunity Commission (the "EEOC"),3 alleging discrimination based on retaliation, age, and disability. Pl. CSF ¶ 39; Def. Ex. S, ECF No. 94-30. Straub initiated this lawsuit on October 13, 2017. ECF No. 1.
After purchasing t-shirts from Straub's company Ultra-Hawaii since 2011, the County stopped purchasing t-shirts from Ultra Hawaii at some point in 2017 after his termination. See Pl. CSF ¶ 41; Arakawa Dep. at 15:20-18:9, ECF No. 102-18; Kehoe Decl. ¶ 4, ECF No. 94-7.
Straub filed the FAC on November 9, 2017 alleging the following claims for relief: (1) Count One (violation of the FMLA, 29 U.S.C. § 2615(a)(1) and (2), based on interference and retaliation arising from his termination); (2) Count Two (violation of the FMLA, 29 U.S.C. § 2615(a)(1) and (2), based on interference and retaliation arising from discontinuation of purchasing t-shirts fromStraub's business); (3) Count Three (violation of the Americans with Disabilities Act (the "ADA"), 42 U.S.C. § 12122(b)(4), for discrimination based on association with a disabled person); and (4) Count Four (violation of the Age Discrimination in Employment Act (the "ADEA"), 29 U.S.C. § 623(a)(1) based on age discrimination) and (violation of Hawaii Revised Statutes ("HRS") § 378-2 based on age discrimination4). ECF No. 1.
On July 15, 2019, Defendants filed their Motion for Summary Judgment. ECF No. 93. On July 22, 2019, Straub filed (1) his Opposition to Defendant's Motion for Summary Judgment and (2) his Counter Motion for Partial Summary Judgment. ECF No. 101. On August 2, 2019, Defendants filed (1) their Reply in support of their Motion for Summary Judgment and (2) their Opposition to Straub's Counter Motion for Partial Summary Judgment. ECF No. 106. On August 5, 2019, Straub filed his Reply in support of his Counter Motion for Partial Summary Judgment. ECF No. 107.
A hearing was held on the Motions on August 8, 2019.
Summary judgment is proper when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Fed.R. Civ. P. 56(c). Rule 56(a) mandates summary judgment "against a party who fails to make a 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." Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986); see also Broussard v. Univ. of Cal. at Berkeley, 192 F.3d 1252, 1258 (9th Cir. 1999).
The moving party "bears the initial burden of informing the court of the basis for its motion and of identifying those portions of the pleadings and discovery responses that demonstrate the absence of a genuine issue of material fact." Soremekun v. Thrifty Payless, Inc., 509 F.3d 978, 984 (9th Cir. 2007) (citing Celotex, 477 U.S. at 323). "When the moving party has carried its burden under Rule 56[(a)], its opponent must do more than simply show that there is some metaphysical doubt as to the material facts [and] come forward with specific facts showing that there is a genuine issue for trial." Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586-87 (1986) (citation and internal quotation marks omitted).
"An issue is 'genuine' only if there is a sufficient evidentiary basis on which a reasonable fact finder could find for the nonmoving party, and a dispute is 'material' only if it could affect the outcome of the suit under the governing law." In re Barboza, 545 F.3d 702, 707 (9th Cir. 2008) (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986)). When considering the evidence on amotion for summary judgment, the court must draw all reasonable inferences in the light most favorable to the nonmoving party. Friedman v. Live Nation Merch., Inc., 833 F.3d 1180, 1184 (9th Cir. 2016).
At the August 8, 2019 hearing, Straub clarified that: (1) in Count One of the FAC, he brings only an FMLA interference claim based on his termination; and (2) in Count Two, he brings only an FMLA retaliation claim based on the County discontinuing purchasing t-shirts from Straub's business, Ultra Hawaii.
Under Ninth Circuit law, FMLA interference claims are brought pursuant to 29 U.S.C. § 2615(a)(1), which only applies to "employees who simply take FMLA leave and as a consequence are subjected to unlawful actions by the employer." Xin Liu v. Amway Corp., 347 F.3d 1125, 1133 n.7, 1135-36 (9th Cir. 2003); see also Bachelder v. Am. W. Airlines, Inc., 259 F.3d 1112, 1124 (9th Cir. 2001); Straub v. Cty. of Maui, 2018 WL 762383, at *2 (D. Haw. Feb. 7, 2018). Further, FMLA retaliation claims are brought pursuant to 29 U.S.C. § 2615(a)(2),
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///which only applies to "employees who oppose employer practices made unlawful by FMLA." Xin Liu, 347 F.3d at 1133 n.7.5
Defendants argue that summary judgment should be granted on both the FMLA interference claim and the FMLA retaliation claim because...
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