Uema v. Nippon Exp. Hawaii, Inc.
| Decision Date | 24 February 1998 |
| Docket Number | Civ. No. 97-00242 ACK. |
| Citation | 26 F.Supp.2d 1241 |
| Parties | Koji UEMA, Plaintiff, v. NIPPON EXPRESS HAWAII, INC., Norrine Liem, et al., Defendants. |
| Court | Hawaii Supreme Court |
Scot S. Brower, Brower & Brower, Honolulu, HI, for Plaintiff.
John L. Knorek, Torkildson, Katz, Fonseca, Jaffe & Moore, Michael N. Tanoue, Matsumoto LaFountaine & Chow, Honolulu, HI, for Defendants.
ORDER DENYING DEFENDANTS' SUMMARY JUDGMENT MOTION
Plaintiff Koji Uema ("plaintiff") was employed by defendant Nippon Express Hawaii, Inc. ("defendant" or "Nippon") from April of 1983 until his termination on June 17, 1996. On or about April 8, 1996, plaintiff faxed an absence report and a disability certificate to Nippon. The disability certificate, authored by plaintiff's primary care physician, stated that plaintiff was suffering from chronic hepatitis and would be unable to perform his work duties from April 8, 1996 through April 30, 1996. Thereafter, plaintiff took paid medical and vacation leave.
On May 1, 1996, plaintiff faxed a second absence report and disability certificate to Nippon. The second disability certificate was authored by plaintiff's referral physician, George Suzuki. Dr. Suzuki's May 1, 1996 certificate stated that plaintiff was suffering from abdominal pain and intestinal bleeding and further noted that plaintiff would be unable to work from April 8, 1996 "until resolved."
On May 15, 1996, Norrine Liem ("Liem"), a secretary at Nippon, sent plaintiff a letter in response to his request for medical leave. See Motion for Summary Judgment ("MSJ"), ex. A. Additionally enclosed were: (1) Nippon's Family and Medical Leave Policy ("Nippon's Policy") ; (2) an Employer Notice to Employee in Response to Request for Family and Medical Leave ("Employer Notice") ; and (3) a blank health care provider certification form. The Employer Notice stated in boiler-plate type that plaintiff was eligible for leave under the Family and Medical Leave Act ("FMLA") and further classified plaintiff's leave as "unforeseeable." See 29 U.S.C. §§ 2601, et seq.; 29 C.F.R. § 825. Nippon, in accordance with the FMLA, requested plaintiff to provide medical certification to validate his leave. 29 U.S.C. § 2613. However, Nippon's two references to the requested certification may be characterized, at best, as vague. Nippon first referenced the requested certification in Liem's May 15, 1996 letter which stated, in part, "[i]n order to remain eligible for these benefits you must return the certification form to me." Nippon's second (and last) reference to the certification was included in the Employer Notice, in boiler-plate print. The Employer Notice states, in relevant part,
This is to inform you that: (check appropriate boxes; explain where indicated) 3. You X will ____not be required to furnish medical certification of a serious condition. If required, you must furnish certification by June 1, 1996 (insert date must be at least 15 days after you are notified of this requirement) or we may delay the commencement of your leave until this certification is received.
See MSJ, ex. B, p. 3 (emphasis added).
Plaintiff failed to return the requested certification by the imposed June 1, 1996 deadline.1 On June 17, 1996, Nippon terminated plaintiff. The June 17 letter stated, in relevant part, that
[y]ou have failed to provide medical certification as requested and therefore you are hereby notified that your absence is not considered covered by the Family Medical Leave Act. As such, you have exhausted all paid leave benefits. [¶] Your continued absence can no longer be accommodated.
See MSJ, ex. C. Two days later, on June 19, 1996, plaintiff's attorney wrote to Nippon seeking resolution of the matter prior to initiation of legal proceedings and enclosing the requested certification therewith.
On September 6, 1996, Nippon received a Pacific Guardian Life Insurance ("Pacific Guardian") Disability Income Report.2 See Opposition to Motion for Summary Judgment ("Opp."), ex. 5. The Disability Income Report indicates that from August 1, 1996 through August 31, 1996, Pacific Guardian paid disability benefits to plaintiff in the amount of $3,856.54. Id. On September 7, 1996, Nippon received a decision from the State of Hawaii Department of Labor and Industrial Relations ("DLIR"). See Reply Memorandum in Support of Motion for Summary Judgment ("Reply"), ex. B. The DLIR appeals officer concluded that: (1) plaintiff did not quit his job, but was terminated; and (2) that the termination was not premised upon employee misconduct.3 Id. at p. 4. On September 12, 1996, Nippon received an Employer's Notice of Unemployment Benefits dated September 10, 1996. See Opp. ex. 6. The Notice of Unemployment Benefits stated that "a monetary determination has been made for" Koji Uema and that "[i]f benefits are paid, your account will either not be charged or charged according to the code and percentage shown." Id. After receipt of these documents, Liem contacted a representative of Pacific Guardian and discussed, in some degree, the possible impropriety of plaintiff receiving disability and unemployment benefits at the same time.
On February, 13, 1997, plaintiff filed his complaint in the First Circuit Court of the State of Hawaii which defendants removed on March 12, 1997. Jurisdiction is proper in this Court pursuant to 26 U.S.C. § 2617(a)(2). On December 3, 1997, defendants Nippon and Liem (collectively "defendants") filed the instant summary judgment motion to which plaintiff replied on February 4, 1998. Defendants filed their reply on February 11, 1998. This matter came on for hearing on February 23, 1998.
Summary judgment shall be granted where 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). One of the principal purposes of the summary judgment procedure is to identify and dispose of factually unsupported claims and defenses. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).
The United States Supreme Court has declared that summary judgment must be granted against a party who fails to demonstrate facts to establish an element essential to his case where that party will bear the burden of proof of that essential element at trial. Id. at 322, 106 S.Ct. 2548. "If the party moving for summary judgment meets its initial burden of identifying for the court the portions of the materials on file that it believes demonstrate the absence of any genuine issue of material fact [citations omitted], the nonmoving party may not rely on the mere allegations in the pleadings in order to preclude summary judgment." T.W. Elec. Serv. v. Pacific Elec. Contractors Assoc., 809 F.2d 626, 630 (9th Cir.1987).
Rather, Rule 56(e) requires that the nonmoving party set forth, by affidavit or as otherwise provided in Rule 56, specific facts showing that there is a genuine issue for trial. Id. At least some "significant probative evidence tending to support the complaint" must be produced. Id. Legal memoranda and oral argument are not evidence and do not create issues of fact capable of defeating an otherwise valid motion for summary judgment. British Airways Bd. v. Boeing Co., 585 F.2d 946, 952 (9th Cir.1978).
The standard for a grant of summary judgment reflects the standard governing the grant of a directed verdict. See Eisenberg v. Ins. Co. of North America, 815 F.2d 1285, 1289 (9th Cir.1987), citing, Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Thus, the question is whether "reasonable minds could differ as to the import of the evidence." Id.
The Ninth Circuit has established that "[n]o longer can it be argued that any disagreement about a material issue of fact precludes the use of summary judgment." California Architectural Bldg. Products, Inc. v. Franciscan Ceramics, Inc., 818 F.2d 1466, 1468 (9th Cir.1987). Moreover, the United States Supreme Court has stated that "[w]hen the moving party has carried its burden under Rule 56(c), its opponent must do more than simply show that there is some metaphysical doubt as to the material facts." Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986).
Indeed, "if the factual context makes the nonmoving party's claim implausible, that party must come forward with more persuasive evidence than would otherwise be necessary to show that there is a genuine issue for trial." Franciscan Ceramics, 818 F.2d at 1468 (emphasis original), citing, Matsushita, supra, 475 U .S. at 587, 106 S.Ct. 1348. Of course, all evidence and inferences to be drawn therefrom must be construed in the light most favorable to the nonmoving party. T.W. Elec. Services, 809 F.2d at 630-31.
Congress passed the FMLA in 1993 to provide "job-protected, unpaid leave, or to substitute appropriate paid leave" to employees whose personal or medical predicaments necessitate leave in excess of what their employers are willing or able to provide. 29 C.F.R. § 825.100; See, e.g., Victorelli v. Shadyside Hosp., 128 F.3d 184, 186 (3d Cir. 1997). Under the FMLA an eligible employee may take up to 12 weeks of unpaid leave in any 12 month period in one of four qualifying situations: (1) the birth of a child; (2) the placement of a child with the employee for adoption or foster care; (3) to care for a spouse, child or parent of the employee who is suffering from a serious health condition, or; (4) if the employee is suffering from a serious health condition that renders him unable to perform his job. 29 U.S.C. § 2612(a); 29 C.F.R. § 825.112. Under the FMLA, any employee who takes leave under one of the stated reasons is entitled to maintain all employee...
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