Kieffer v. CPR Restoration & Cleaning Service, LLC

200 F. Supp. 3d 520, 2016 U.S. Dist. LEXIS 101866, 2016 WL 4119842
CourtDistrict Court, E.D. Pennsylvania
DecidedAugust 3, 2016
DocketCIVIL ACTION NO. 15-3048
StatusPublished
Cited by21 cases

This text of 200 F. Supp. 3d 520 (Kieffer v. CPR Restoration & Cleaning Service, LLC) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kieffer v. CPR Restoration & Cleaning Service, LLC, 200 F. Supp. 3d 520, 2016 U.S. Dist. LEXIS 101866, 2016 WL 4119842 (E.D. Pa. 2016).

Opinion

OPINION

WENDY BEETLESTONE, J.

Plaintiff Stanley Kieffer (“Kieffer”) brings this action against his former employers, Defendants CPR Restoration & Cleaning Service, LLC (“the Partnership”), - and CPR Restoration, Inc. (“the Corporation”) (collectively, “Defendants”), alleging violations of the Americans with Disabilities Act (“ADA”), the Pennsylvania Human Relations Act (“PHRA”), and the Family Medical Leave Act (“FMLA”), as well as common law retaliation. Before the Court is Defendants’ Motion for Summary Judgment on all. claims. For the reasons outlined herein, the motion is granted.

I. BACKGROUND

A. Defendants’ Businesses

The Partnership and the Corporation are businesses that perform emergency remediation services for properties damaged by water, fire, smoke, mold, sewage, wind and other losses. See Joint Appendix (“JA”) 1, 168, 225, 538; Defendants’ Statement of Undisputed Material Facts (“Def. Facts”) ¶¶ 1-2; Plaintiff’s Response to Defendants’ Statement of Undisputed Material Facts (“Pl. Resp.”) ¶¶ 1-2. Both Defendants’ services are performed by roving crews consisting of laborers and their supervisor. Def. Facts ¶ 7; Pl. Resp. ¶7. Crews perform a variety of physical labor, including: soot and smoke removal; structure and content cleaning; mold mitigation; demolition; boarding up and securing properties; and drying and dehumidification. JA 117-18, 315, 538-39.

The Partnership is based in Philadelphia, Pennsylvania, and provides services almost exclusively in Philadelphia, southern New Jersey, and nearby counties. Def. Facts ¶ 1; Pl. Resp. ¶¶ 1, n. 11, 2. The Corporation is located in Perth' Amboy, New Jersey, and provides • services -in northern New Jersey and New York; Def. Facts ¶ 2; Pl. Resp. ¶ 1, n. 11; JA 133. Defendants have .different business addresses and different federal tax identification numbers. JA 446-50.

Michael Fingérman (“Fingerman”) is the owner and President of both the Corporation and the Partnership, JA 191; Plaintiffs Statement of Disputed Material Facts (“Pl. Facts”) ¶¶ 131-32; Defendants’ Reply to Plaintiffs Statement of Disputed Material Facts (“Def. Resp.”) ¶¶ 131-32. Fingerman has his own office at each location and splits his time between the Corporation and the Partnership. Pl. Facts ¶¶ 132-33; Def. Resp. ¶¶ 132-33.

Debbie Moulder (“Moulder”) has worked for the Partnership as an office manager for approximately six years. Pl. Facts. ¶ 134; Def. Resp. ¶ 134. However, Moulder collected field scope paperwork from supervisors working out of New Jersey for a period of two to three weeks around the initial setup of the Corporation’s office. Pl. Facts ¶ 147; Def. Resp. 147; JA 298. Moulder’s current responsibilities include collecting commission information from supervisors at both the Corporation and the Partnership and placing them into a spreadsheet. Pl. Facts ¶ 148; Def. Resp. ¶ 148.

Michelle Marshall (“Marshall”) has worked for the Partnership as a facilities manager for approximately six years. Pl. Facts ¶ 149; Def. Resp. ¶ 149; JA 278. During that time, she has been to the Corporation’s office between five and ten times to assist with cleaning jobs. Id.

Jennifer Limonnik (“Limonnik”) has worked for the Partnership for four years and manages payroll information for both the Partnership and the Corporation. Pl. Facts ¶ 153; Def. Resp. ¶ 153; JA 261. This responsibility involves importing hours re[526]*526ported by supervisors into a payroll calculating and processing system run by ADP, which then automatically handles the payments. JA 261-62. Limonnik also reports workers’ compensation claims from the Partnership and. the Corporation to the proper carrier by opening a claim and assigning it a claim number. JA 263-64. Statements and insurance pertaining to the claim are then handled by the supervisor or regional manager. Id.

. The Partnership’s written “Rules & Regulations” state that “[a]U employees are expected to arrive on time... and in physical condition to work,” and “[i]f you are not able to arrive on time, you are not able to work.” JA 454 (U, V(a)).

B. Kieffer’s Employment

Kieffer was employed by the Partnership on two separate occasions; he began his first term of employment with the Partnership around January of 2003. JA 110. In or around September of 2008, Kief-fer was terminated after an incident wherein a customer claimed that the Partnership had damaged his personal property. JA 122, 377. In or around August of 2010, Kieffer began another period of employment with the Partnership and was rehired as a supervisor. JA 112, 380. His employment agreement with the Partnership described his duties as “[a]ll duties that include mitigation of property damaged home and buildings and xactimate estimating.” JA 380. As a supervisor with the Partnership, Kieffer reported to John Fickenscher (“Fickenscher”), the Operations Manager. JA 54, # 2.B.

Kieffer suffers from several ailments, namely Crohn’s Disease, diabetes, and chronic obstructive pulmonary disease (“COPD”).1 JA 4, Kieffer testified at his deposition that he was “able to work every day on a daily basis” (JA 118), but also stated that he had asked for time off several times in order to “recoup or rest” after his medical conditions were exacerbated. JA 107. On one occasion, Marshall told Kieffer that Fickenscher was “very concerned” about Kieffer’s medical conditions. Id. Fingerman also told Kieffer “a couple times” over a four to five year period that he was concerned about Kieffer’s health and that he believed it might be interfering with Kieffer’s work. Id.

On or about August 30, 2013, while performing his job duties as a supervisor for the Partnership, Kieffer sustained an injury to his right shoulder. JA 417. Kieffer described the incident on an Accident/Incident Report Form as follows: “[I] was loading debris & furniture into [a] dump[527]*527ster, the dumpster was getting hard to close the door & throw debris bags over top of dumpster. [T]hat’s when I hurt my shoulder.” Id,.; see also JA 124,136.

Kieffer made a workers’ compensation claim and was evaluated by the Partnership’s workers’ compensation medical provider, WorkHealth, on September 9, 2013.2 JA 419. Kieffer’s shoulder injury was determined to be a sprain. JA 124, 353, 412. A “Work Capacity” form generated that same day indicated that Kieffer. should not lift more than five (5) pounds, drive a vehicle, or engage in “overhead activity.” JA 414. On September 13, 2013, Kieffer visited WorkHealth again and the corresponding Work Capacity form described him as having “No Use” of his right arm. JA 413; see also JA 583 (same diagnosis from Aria Health, Kieffer’s health provider). There is a dispute as to whether the Partnership cpntested Kieffer’s workers’ compensation claim, but there is no evidence of a hearing or othér proceeding arising from the claim and Kieffer received benefits beginning in August 2013. JA 129-30, 177.

Kieffer informed Fickenscher of his injury and alleges that he requested that the Partnership provide him with a driver (see JA 5, ¶ 23) but Defendants deny receiving any such request. JA 78, at 9.A, 9.C (indicating that the Partnership received a pri- or request due to a 2012 hand injury). Kieffer subsequently requested, and took, medical leave beginning in September 2013. JA 124-25, 130, 144.

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200 F. Supp. 3d 520, 2016 U.S. Dist. LEXIS 101866, 2016 WL 4119842, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kieffer-v-cpr-restoration-cleaning-service-llc-paed-2016.