Harris v. Heritage Home Health Care

939 F. Supp. 2d 793, 2013 WL 1333317, 2013 U.S. Dist. LEXIS 46246, 117 Fair Empl. Prac. Cas. (BNA) 1470
CourtDistrict Court, E.D. Michigan
DecidedMarch 29, 2013
DocketCase No. 10-14172
StatusPublished
Cited by5 cases

This text of 939 F. Supp. 2d 793 (Harris v. Heritage Home Health Care) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harris v. Heritage Home Health Care, 939 F. Supp. 2d 793, 2013 WL 1333317, 2013 U.S. Dist. LEXIS 46246, 117 Fair Empl. Prac. Cas. (BNA) 1470 (E.D. Mich. 2013).

Opinion

[796]*796 OPINION AND ORDER GRANTING IN PART DEFENDANTS’ MOTION FOR PARTIAL SUMMARY JUDGMENT (ECF NO. 21) .

PAUL D. BORMAN, District Judge.

This matter is before the Court on Defendants’ Motion for Partial Summary Judgment. (ECF No. 21.) Plaintiff filed a Response. (ECF No. 33.) Defendants did not file a reply. The Court held a hearing on March 9, 2012. Following the hearing, the parties informed ■ the Court that there were engaged in settlement negotiations. On or about March 19, 2013, the Court was informed that the parties have been unable to reach a settlement. Now, for the reasons that follow, the Court GRANTS IN PART Defendants’ Motion for Partial Summary Judgment.

I. INTRODUCTION

In May 2005, Eanica Harris (“Harris”) began working for Heritage. Home, Health Care (“Heritage”) as a medical biller. Plaintiffs main responsibility was to ensure that Defendant Heritage received insurance and Medicare reimbursements for medical treatment provided to patients. In April 2008, Taiwo Ogunleye (“Ogunleye”) joined Heritage and became a fifty percent co-owner of Heritage with Anthonia Bamishe (“Bamishe”).

In late 2008, Defendants realized there were an unusually large number of bill denials from Medicare which Plaintiff had not appealed. On December 2, 2008, Defendant Bamishe left a note for Plaintiff regarding the issue. On December 3, 2008, Defendant Ogunleye and Defendant Bamishe met with Plaintiff to address the issue. Defendant Bamishe gave Plaintiff a memorandum assigning Plaintiff certain daily and monthly tasks to resolve the billing problem. Prior to this early December performance issue, and as recently as May, 2008, Plaintiff had received very good, indeed “outstanding,” performance reviews. (ECF No. 33, Pl.’s Resp. Ex. D, September 14, 2011 Deposition of Anthonia Bamishe, 71-72.)

On December 9, 2008, Plaintiff reported to Defendant Bamishe that Defendant Ogunleye had sexually harassed Plaintiff. (ECF No. 1, Compl. ¶ 23.) Plaintiff testified at her deposition that Defendant Ogunleye would rub his hands on Plaintiffs upper arms, shoulders, thighs, and under her skirt; that Defendant Ogunleye would comment to Plaintiff that Plaintiff was afraid to have sex with him; that on April 12, 2008, Defendant Ogunleye attempted to pull down the top of Plaintiffs dress; that on June 15, 2008, Defendant Ogunleye told Plaintiffs coworkers, in reference to Plaintiff and in Plaintiffs presence, “look at that b* * * *, she wants me to f* * * her;” that on August 16, 2008, Defendant Ogunleye followed Plaintiff into the women’s bathroom, exposed his erect penis, and said he wanted Plaintiff to perform oral sex on him; and that on December 15, 2008, Defendant Ogunleye called Plaintiff at work and said he loved her. (ECF No. 33, PL’s Resp. Ex. A, June 7, 2011 Deposition of Kanica Harris, 34-36; Compl. ¶¶ 16-22.)

Ursula Rious, a co-worker of Plaintiff at Heritage, testified that she observed Defendant Ogunleye rub Plaintiffs arms, that Defendant Ogunleye commented to Plaintiff and others about Plaintiffs breasts being large and commented to Ms. Rious and others that Plaintiff “just wanted [Ogunleye] to f* * * her.” (ECF No. 33, PL’s Resp. Ex. B, Sept. 16, 2011 Deposition of Ursula Rious, 18-19.) Ms. Rious testified that she encouraged Plaintiff to file a complaint with the EEOC. Id. at 20.

Erika Smith, another Heritage employee, also heard Defendant Ogunleye comment that Plaintiff dressed like she “wanted [Ogunleye] to f* * * her.” (ECF No. 33, PL’s Resp. Ex. E, July 26, 2011 Deposi[797]*797tion of Erika Smith, 19.) Ms. Smith testified that this was said in a joking manner and that Plaintiff did not indicate that she was upset with the comment. Id. at 21-22. Another co-worker, Erika Posey, testified that Plaintiff told her that Defendant Ogunleye pushed Plaintiff into the bathroom at work and tried to show Plaintiff his “private parts.” (ECF No. 33, Ex. F, August 16, 2011 Deposition of Erika Posey, 24,116-17.)

After receiving Plaintiffs complaints on December 9, 2008, Defendant Bamishe instituted a new sexual harassment policy, installed surveillance cameras, decreased Defendant Ogunleye’s time in the office and required Plaintiff to report to Monica Miller in an effort to decrease the necessity of contact between Defendant Ogunleye and Plaintiff. (ECF No. 22-3, Def.’s Mot. App. Sept. 14, 2011 Deposition of Anthonia Bamishe, Pg ID 639-40; ECF No. 22, Def.’s Mot.App., August 16, 2011 Deposition of Erika Posey, Pg ID 199.)

On January 24, 2009, Plaintiff filed a Charge of Discrimination with the Equal Employment Opportunity Commission (EEOC).1 On February 11, 2009, Defendant Bamishe fired Plaintiff for insubordination, poor attitude, and for directing derogatory remarks toward Defendant Bamishe. Plaintiff received her right to sue letter on August 11, 2010, and this action followed.

II. STANDARD OF REVIEW

Pursuant to Federal Rule of Civil Procedure 56, a party against whom a claim, counterclaim, or cross-claim is asserted may “at any time, move with or without supporting affidavits, for a summary judgment in the party’s favor as to all or any part thereof.” Fed.R.Civ.P. 56(b). Summary judgment is appropriate where the moving party demonstrates that there is no genuine issue of material fact as to the existence of an essential element of the nonmoving party’s case on which the non-moving party would bear the burden of proof at trial. Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). “Of course, [the moving party] always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of ‘the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any,’ which it believes demonstrate the absence of genuine issue of material fact.” Id. at 323, 106 S.Ct. 2548; see also Gutierrez v. Lynch, 826 F.2d 1534, 1536 (6th Cir.1987).

A fact is “material” for purposes of a motion for summary judgment where proof of that fact “would have [the] effect of establishing or refuting one of the essential elements of a cause of action or defense asserted by the parties.” Kendall v. Hoover Co., 751 F.2d 171, 174 (6th Cir.1984) (quoting Black’s Law Dictionary 771 (6th ed. 1979)) (citations omitted). A dispute over a material fact is genuine “if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Conversely, where a reasonable jury could not find for the non-moving party, there is no genuine issue of material fact for trial. Feliciano v. City of Cleveland, 988 F.2d 649, 654 (6th Cir.1993). In making this evaluation, the court must examine the evidence and draw all reasonable inferences in favor of the nonmoving party. Bender v. Southland Corp.,

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939 F. Supp. 2d 793, 2013 WL 1333317, 2013 U.S. Dist. LEXIS 46246, 117 Fair Empl. Prac. Cas. (BNA) 1470, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harris-v-heritage-home-health-care-mied-2013.