Campbell v. University Medical Center of Southern Nevada

CourtDistrict Court, D. Nevada
DecidedDecember 16, 2024
Docket2:23-cv-01375
StatusUnknown

This text of Campbell v. University Medical Center of Southern Nevada (Campbell v. University Medical Center of Southern Nevada) is published on Counsel Stack Legal Research, covering District Court, D. Nevada primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Campbell v. University Medical Center of Southern Nevada, (D. Nev. 2024).

Opinion

1 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 2 3 William Campbell, Case No. 2:23-cv-01375-CDS-NJK

4 Plaintiff Order Granting Defendant’s Motion for Summary Judgment and Closing Case 5 v.

6 University Medical Center, [ECF No. 25]

7 Defendant 8 9 This is a disability, race, and age discrimination action brought by pro se plaintiff 10 William Campbell against his former employer, University Medical Center (UMC). On April 19, 11 2024, UMC filed a motion for summary judgment, arguing that Campbell’s claims fail as a 12 matter of law. Mot. for summ. j., ECF No. 25. Campbell opposes the motion.1 Opp’n, ECF No. 29. 13 This matter is now fully briefed. See Reply, ECF No. 30. For the reasons set forth herein, UMC’s 14 motion for summary judgment is granted. 15 I. Legal standard 16 Summary judgment is appropriate when the pleadings and admissible evidence “show 17 that there is no genuine issue as to any material fact and that the movant is entitled to judgment 18 as a matter of law.” See Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986) (citing Fed. R. Civ. P. 19 56(c)). The court’s ability to grant summary judgment on certain issues or elements is inherent 20 in Federal Rule of Civil Procedure 56. See Fed. R. Civ. P. 56(a). “By its very terms, this standard 21 provides that the mere existence of some alleged factual dispute between the parties will not 22 defeat an otherwise properly supported motion for summary judgment; the requirement is that 23 there be no genuine issue of material fact.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248–49 24 (1986). A fact is material if it could affect the outcome of the case. Id. at 249. At the summary 25 1 UMC argues that Campbell’s opposition was untimely. The opposition to the summary judgment 26 motion was due May 13, 2024. Min. order, ECF No. 26. Campbell did not file his opposition until May 14, 2024. Given Campbell’s pro se status, the court declines to strike Campbell’s opposition for being one day late. 1 judgment stage, the court must view all facts and draw all inferences in the light most favorable 2 to the nonmoving party. Kaiser Cement Corp. v. Fischbach & Moore, Inc., 793 F.2d 1100, 1103 (9th Cir. 3 1986). The movant need only defeat one element of a claim to garner summary judgment on it 4 because “a complete failure of proof concerning an essential element of the nonmoving party’s 5 case necessarily renders all other facts immaterial.” Celotex, 477 U.S. at 322. 6 The party moving for summary judgment in their favor bears the initial burden of 7 identifying those portions of the pleadings, discovery, and affidavits which demonstrate the 8 absence of a genuine issue of material fact. Celotex, 477 U.S. at 323. Once the moving party has 9 met its burden of production, the nonmoving party must go beyond the pleadings and, by its 10 own affidavits or discovery, set forth specific facts showing that there is a genuine issue for trial. 11 Id. If the nonmoving party fails to produce enough evidence to show a genuine issue of material 12 fact, the moving party wins. Id. Conclusory, speculative testimony in affidavits and moving 13 papers is insufficient to raise genuine issues of fact and defeat summary judgment. Thornhill Pub. 14 Co. v. Gen. Tel. & Elecs. Corp., 594 F.2d 730, 738 (9th Cir. 1979). 15 II. Summary of the allegations 16 As set forth in his complaint, Campbell alleges UMC discriminated against him based on 17 his disability, his race, and his age, and because of that discrimination, he was terminated from 18 his position within UMC’s IT Office.2 See Compl., ECF No. 3. Specifically, Campbell alleges that: 19 (1) UMC failed to engage in the interactive process with him as required under the ADA and 20 that UMC failed to provide an accommodation for his disability (Claim I); (2) after engaging in 21 protected activity by requesting a medical accommodation, UMC retaliated against him (Claim 22 II); (3) UMC discriminated against him because he is Black and failed to investigate his 23 discrimination claim (Claim III and IV) and has similarly discriminated against other former 24 Black employees (Claim III); and (4) UMC discriminated against him because of his age (Claim 25 V). Id at 3–8. UMC refutes Campbell’s allegations. Answer, ECF No. 9.

26 2 Unless otherwise noted, citations to the complaint and/or answer do not serve as a finding of facts, but only to provide background information. 1 III. Discussion 2 UMC argues they are entitled to summary judgment on all claims because the evidence 3 demonstrates that Campbell was terminated “as a result of his own actions,” based on Campbell’s 4 failure to respond to discovery requests, including requests for admissions (RFAs). ECF No. 25 5 at 2. UMC argues that it is “an acute care hospital with most [employees] working on-site, with 6 limited exception made for remote workers, even in the I.T. department.” ECF No. 25 at 3. It 7 argues that Campbell was terminated for being a sub-par performer and violating numerous 8 policies,3 not because of any alleged discrimination based on disability, race, or age. Id. at 3–4. It 9 further argues that employees were able to work remotely during the COVID-19 pandemic but 10 in early 2021, when virus transmission rates in the community decreased, UMC employees were 11 ordered to return to the office. Id. at 3. Campbell was given two extensions to UMC’s return to 12 office requirement. See Def.’s Ex. B, Emails discussing Campbell’s request for a telework 13 accommodation and Campbell’s two extensions from the work-to-work requirement, ECF No. 14 25-2 at 7–9. Finally, UMC argues that because Campbell failed to respond to its RFAs,4 those 15 matters are deemed admitted. ECF No. 25 at 2. 16 In opposition, Campbell argues that the summary judgment motion should be denied 17 because he was discriminated against by UMC. See generally ECF No. 29. Campbell does not 18 provide any points and authorities or any exhibits or affidavits in support of his opposition. Id. 19 As a threshold matter, the court addresses Campbell’s failure to respond to UMC’s 20 RFAs. Federal Rule of Civil Procedure 36(a)(3) states that “[a] matter is admitted unless, within 21 30 days after being served, the party to whom the request is directed serves on the requesting 22 party a written answer or objection addressed to the matter and signed by the party or its 23 attorney.” If admitted, the matter “is conclusively established unless the court, on motion, 24 3 See Def.’s Ex. E, UMC Employee Performance Improvement Plan (PIP) for Campbell, ECF No. 25-5; 25 Def.’s Ex. H, UMC Corrective Counseling Notice for Campbell dated Oct. 15, 2021, ECF No. 25-8 at 3; Def.’s Ex. I, Campbell Case Summary Action Log and Second Corrective Counseling Notice dated Nov. 3, 26 2021, ECF No. 25-9. 4 See Def.’s Ex. A, Def.’s Requests for admission, ECF No. 25-1. 1 permits the admission to be withdrawn or amended.” Fed. R. Civ. P. 36(b).

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Campbell v. University Medical Center of Southern Nevada, Counsel Stack Legal Research, https://law.counselstack.com/opinion/campbell-v-university-medical-center-of-southern-nevada-nvd-2024.