Isotalo v. Kelly Services, Inc.

945 F. Supp. 2d 825, 2013 WL 2034701, 2013 U.S. Dist. LEXIS 68220, 118 Fair Empl. Prac. Cas. (BNA) 822
CourtDistrict Court, E.D. Michigan
DecidedMay 14, 2013
DocketCase No. 12-11253
StatusPublished
Cited by2 cases

This text of 945 F. Supp. 2d 825 (Isotalo v. Kelly Services, Inc.) 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
Isotalo v. Kelly Services, Inc., 945 F. Supp. 2d 825, 2013 WL 2034701, 2013 U.S. Dist. LEXIS 68220, 118 Fair Empl. Prac. Cas. (BNA) 822 (E.D. Mich. 2013).

Opinion

OPINION AND ORDER GRANTING DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT [15]

NANCY G. EDMUNDS, District Judge.

Before the Court is Defendant Kelly Services, Inc.’s motion for partial summary judgment on Plaintiff John Isotalo’s federal and state age discrimination claims.1 (Dkt. 15.) Defendant moves for summary judgment on Plaintiffs claim arguing that Plaintiffs representations to the Social Security Administration that he was disabled and unable to work, and thereafter received and continues to receive SSA benefits, leaves Plaintiff unable to prove, or even allege, that he was qualified for his job when he was terminated, a requirement for proving an age discrimination case.

Because the Court agrees with Defendant and finds that Plaintiff is estopped from asserting that he was qualified for his job on the day he was terminated, the Court GRANTS Defendant’s motion for partial summary judgment.

1. Facts2

On March 17, 2011, Defendant terminated Plaintiff from his corporate security guard position. (Def.’s Mot. at 5.) On March 17 and 18, Plaintiff sought treatment from a cardiologist. (Id,., Def.’s Mot., Ex. A.) The treatment test results showed occasional irregular heart beats. (Id.) After the initial testing, Plaintiff had surgery performed to replace his pacemaker. (Id.)

On April 19, 2011, Plaintiff filed a claim for Social Security Disability (SSDI) benefits. (Def.’s Mot., Ex. B.) Plaintiff alleged an onset date of March 17, 2011. (Id.) Plaintiff alleged that he was disabled because of his heart failure and lower back problems. (Id.) Plaintiff added that he stopped worked because of his “condition” [828]*828and “other reasons.” (Id.) Plaintiff noted that he lost his job because of a “departmental cut,” but also represented that he believed his conditions became so severe as to prevent him from working on March 17,2011. (Id.)

On May 6, 2011, the SSA interviewed Plaintiff. (Def.’s Mot., Ex. C.) In this interview, Plaintiff again asserted that he became unable to work on March 17, 2011. (Id.)

On May 28, 2011, Plaintiff filled out an SSA Function Report. (Def.’s Mot., Ex. D.) In this report, Plaintiff indicated that he could not sit for more than 30 minutes without his left leg and lower back hurting. (Id.) He stated he could not stand or walk for any distance or period of time without having to sit down to take the pressure off of his back. (Id.) Plaintiff also indicated that his injuries affected the following: lifting; squatting; bending; standing; walking; sitting; kneeling; and stair climbing. (Id.)

On August 24, 2011, the SSA denied Plaintiffs claim for benefits. (Def.’s Mot., Ex. F.) On October 19, 2011, Plaintiff filed an appeal and a request for hearing. (Def.’s Mot., Ex. G.) In this appeal, he stated that he disagreed with the initial SSA denial and requested a hearing because he was “disabled and unable to perform any substantial gainful activity given [his] age[,] educationf,] and work experience.” (Id.)

On August 29, 2012, the ALJ reversed the denial of benefits. (Def.’s Mot., Ex. H.) The ALJ found that Plaintiff was disabled as of the date alleged, March 17, 2011. (Id.) The ALJ also found that Plaintiff could not perform any of his past relevant work. (Id.)

Plaintiff received Social Security Disability benefits retroactively from March 17, 2011. (Def.’s Mot., Ex. I.) Plaintiff currently receives $1,900.00 in benefits per month from the SSA. (Id.)

In his deposition, Plaintiff stated that he did not “entirely” agree with the SSA’s determination that he was “unable to engage in any gainful substantial activity because of medically determinable physical or mental impairments or a combination of both.” (Déf.’s Mot., Ex. I.) Plaintiff added that he never told the SSA that he disagreed with its determination. (Id.) Plaintiff also stated that “[i]f he was still at work[;] [he] could still perform that job duty if it [had not] changed entirely.” (Defi’s Mot., Ex. I.)

II. Summary judgment standard

“The court shall grant summary judgment if the movant shows that there is no genuine disjpute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). A moving party may meet that burden “by ‘showing’ — that is, pointing out to the district court — that there is an absence of evidence to support the nonmoving party’s case.” Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). Revised Rule 56 expressly provides that:

A party asserting that a fact cannot be or is genuinely disputed must support the assertion by:
(A) citing to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials; or
(B) showing that the materials cited do not establish the absence or presence of a genuine dispute, .or that an adverse party cannot produce admissible evidence to support the fact.

[829]*829Fed.R.Civ.P. 56(c)(1). The revised Rule also provides the consequences of failing to properly support or address a fact:

If a party fails to properly support an assertion of fact or fails to properly address another party’s assertion of fact as required by Rule 56(c), the court may:
(1) give an opportunity to properly support or address the fact;
(2) consider the fact undisputed for purposes of the motion;
(3) grant summary judgment if the motion and supporting materials — including the facts' considered undisputed — show that the movant is entitled to it; or
(4) issue any other appropriate order.

Fed.R.Civ.P. 56(e). “The court need consider only the cited materials, but it may consider other materials in the record.” Fed.R.Civ.P. 56(c)(3).

When the moving party has met its burden under Rule 56, “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). Ultimately a district court must, determine whether the record as a whole presents a genuine issue of material fact, drawing “all justifiable inferences in the light most favorable to the non-moving party.” Hager v. Pike Cnty. Bd. of Educ., 286 F.3d 366, 370 (6th Cir.2002).

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Bluebook (online)
945 F. Supp. 2d 825, 2013 WL 2034701, 2013 U.S. Dist. LEXIS 68220, 118 Fair Empl. Prac. Cas. (BNA) 822, Counsel Stack Legal Research, https://law.counselstack.com/opinion/isotalo-v-kelly-services-inc-mied-2013.