Hewett v. Triple Point Technology, Inc.

171 F. Supp. 3d 10, 2016 WL 3101998, 2016 U.S. Dist. LEXIS 71689
CourtDistrict Court, D. Connecticut
DecidedJune 2, 2016
DocketNo. 3:13-cv-1382 (SRU)
StatusPublished
Cited by12 cases

This text of 171 F. Supp. 3d 10 (Hewett v. Triple Point Technology, Inc.) is published on Counsel Stack Legal Research, covering District Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hewett v. Triple Point Technology, Inc., 171 F. Supp. 3d 10, 2016 WL 3101998, 2016 U.S. Dist. LEXIS 71689 (D. Conn. 2016).

Opinion

SECOND CORRECTED ORDER

Stefan R. Underhill, United States District Judge

Pro se plaintiff, Kara Hewett, brought this claim alleging that defendant, Triple Point Technology, Inc. (“TPT”), violated the Family and Medical Leave Act (“FMLA”), 29 U.S.C. §§ 2601 et seq., by (1) interfering with her ability to obtain leave under the FMLA and (2) retaliating against her for requesting or appearing to need FMLA leave, (doc. 1) On February 14,- 2014, I granted TPT’s motion to dismiss Hewett’s initial complaint with respect to the interference claim because Hewett had failed to allege that she had given notice to TPT of her need for leave, and I denied TPT’s motion to dismiss with respect to the retaliation claim due to the timing of Hewett’s termination, (doc. 59)

Hewett filed a second amended complaint on February 17, 2014. (doc. 64). The parties engaged in a contentious discovery process, which concluded on June 15, 2015. (doc. 228) TPT filed the instant motion for summary judgment on July 15, 2015. (doc. 338)

For the following reasons, TPT’s motion for summary judgment is granted. Hewett has failed to state a cognizable claim for FMLA interference, and she has failed to produce sufficient evidence that TPT’s non-discriminatory reason for her termination was a pretext and the real reason was to retaliate against her for requesting FMLA leave.

I. Standard of Review

A. Motion for Summary Judgment

Summary judgment is appropriate when the record demonstrates 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).

When ruling on a motion for summary judgment, the court must construe the facts of the case in the light most favorable to the nonmoving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986); Adickes v. S.H. Kress & Co., 398 U.S. 144, 158-59, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970). Further, the court must resolve all ambiguities and draw all reasonable inferences against the moving party. Aldrich v. Randolph Cent. Sch. Dist., 963 F.2d 520, 523 (2d Cir.1992), cert. denied 506 U.S. 965, 113 S.Ct. 440, 121 L.Ed.2d 359 (1992); see also Ramseur v. Chase Manhattan Bank, 865 F.2d 460, 465 (2d Cir.1989) (quoting Schwabenbauer v. Board of Ed., 667 F.2d 305, 313 (2d Cir.1981)).

When a motion for summary judgment is properly supported by documentary and testimonial evidence, the nonmoving party may not rest on the allegations or denials of her pleadings alone and must present sufficient probative evidence to establish a genuine issue of material fact. Anderson, 477 U.S. at 256, 106 S.Ct. 25051; Celotex Corp. v. Catrett, 477 U.S. 317, 327, 106 [13]*13S.Ct. 2548, 91 L.Ed.2d 265 (1986); Colon v. Coughlin, 58 F.3d 865, 872 (2d Cir.1995); Bryant v. Maffucci, 923 F.2d 979, 982 (2d Cir.1991) (“Only when reasonable minds could not differ as to the import of the evidence is summary judgment proper.”); see also Suburban Propane v. Proctor Gas, Inc., 953 F.2d 780, 788 (2d Cir.1992). If the nonmoving party submits evidence that is “merely colorable,” or is not “significantly probative,” summary judgment may be granted. Anderson, 477 U.S. at 249-50, 106 S.Ct. 2505.

The mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment; the requirement is that there be no genuine issue of material fact. As to materiality, the substantive law will identify which facts are material. Only disputes over facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgment. Factual disputes that are irrelevant or unnecessary, will not be counted.

Id. at 247-48, 106 S.Ct. 2505. To present a “genuine” issue of material fact, there must be contradictory evidence “such that a reasonable jury could return a verdict for the non-moving party.” Id. at 248, 106 S.Ct. 2505.

If the nonmoving party has failed to make a sufficient showing on an essential element of his case for which he has the burden of proof at trial, then summary judgment is appropriate. Celotex, 477 U.S. at 322, 106 S.Ct. 2548. In such a situation, “there can be ‘no genuine issue as to any material fact,’ since a complete failure of proof concerning an essential element of the nonmoving party’s case necessarily renders all other facts immaterial.” Id. at 322-23, 106 S.Ct. 2548; accord Goenaga v. March of Dimes Birth Defects Found., 51 F.3d 14, 18 (2d Cir.1995) (movant’s burden satisfied if he can point to an absence of evidence to support an essential element of nonmoviiig party’s claim). In short, if there is no genuine issue of material fact, summary judgment may enter. Celotex, 477 U.S. at 323, 106 S.Ct. 2548.

II. Background

Hewett became a full-time at-will employee at TPT on July 11, 2011, and TPT terminated her employment on September 20, 2013.

A. Hewett’s Health Concerns

Hewett suffers from ongoing severe asthma, asthmatic bronchitis, and hypo-gammaglobulinemia, an auto-immune disorder that often leads to “frequent and recurrent sinus and lung infections.” Am. Compl. 5 (doc. 64); Mark E. Rose & David M. Lang, “Evaluating and managing hypo-gammaglobulinemia,” 73 Cleveland Clinic J. Med. 133 (2006), available at http://ccjm. org/contenV73/2/133.full.pdf (last accessed March 21, 2016).

Her asthma also requires use of a nebu-lizer to administer medication several times a day. Hewett Tr. at 81-88. She often traveled home during the workday to administer that medication. Id. at 85-86. Hewett’s email correspondence with TPT’s human resources department indicates that on August 13, 2013, her supervisor, Carlos Lebrija expressed concern over late arrivals to work and overlong lunch breaks.1 2d Am. Compl., Ex. 2 at 31 (also produced as Lehn Aff., Ex. C).

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Bluebook (online)
171 F. Supp. 3d 10, 2016 WL 3101998, 2016 U.S. Dist. LEXIS 71689, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hewett-v-triple-point-technology-inc-ctd-2016.