Lamar v. Wells Fargo Bank & Co.

2 F. Supp. 3d 1202, 198 L.R.R.M. (BNA) 2601, 2014 U.S. Dist. LEXIS 22686, 2014 WL 713311
CourtDistrict Court, N.D. Alabama
DecidedFebruary 21, 2014
DocketCivil Action No. 2:12-cv-04002-AKK
StatusPublished
Cited by2 cases

This text of 2 F. Supp. 3d 1202 (Lamar v. Wells Fargo Bank & Co.) is published on Counsel Stack Legal Research, covering District Court, N.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lamar v. Wells Fargo Bank & Co., 2 F. Supp. 3d 1202, 198 L.R.R.M. (BNA) 2601, 2014 U.S. Dist. LEXIS 22686, 2014 WL 713311 (N.D. Ala. 2014).

Opinion

MEMORANDUM OPINION

ABDUL K. RALLON, District Judge.

This dispute centers around Maggie Lamar’s service in the Army Reserves, her deployment to Iraq, and her subsequent discharge from Wells Fargo Bank & Co. (Wells Fargo). Unfortunately, Lamar’s mental state prevented her from being able to return to Wells Fargo after her return from Iraq. Approximately fourteen months later, Wells Fargo discharged Lamar, and it is this discharge that she challenges in the present lawsuit. Specifically, Lamar, who is pro se, contends that Wells [1206]*1206Fargo failed to afford her time to recover from serious mental and medical problems, discharged her without undertaking reasonable efforts to accommodate her disability, denied her employment opportunities including reinstatement, training, and promotion, and failed to reemploy or rehire her. As a result, Lamar alleges claims for discrimination under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., and the Rehabilitation Act, 29 U.S.C. § 794, and for violation of the Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. § 4801 et seq. Doc. 25 at 1-3 (Lamar’s Second Amended Complaint).

Wells Fargo’s motion for summary judgment, doc. 40, is before the court and is fully briefed and ripe for review, docs. 41, 42, 45, 46. Based on a review of the evidence and the law, unfortunately for Lamar, Wells Fargo’s motion is due to be granted. More specifically, summary judgment is due on the ADA claim because Lamar is estopped by her application for Social Security benefits, which is premised on her claims that she is unable to work, and/or because Lamar fails to establish that she could perform the essential duties of her former position at Wells Fargo or that Wells Fargo discriminated against her because of her disability. Lamar’s Rehabilitation Act claim fails for the same substantive reasons as her ADA claim and because Lamar never rebutted Wells Fargo’s contention that it was not a recipient of federal funds during the relevant period. Finally, with regards to Lamar’s US-ERRA claims, Lamar never established that her status as a member of the military motivated Wells Fargo’s decision to discharge her, a prerequisite for recovery under USERRA. Likewise, summary judgment is due on the failure-to-reinstate/rehire claim because Lamar failed to notify Wells Fargo of her desire to return to work or to reapply for a position with the company within the two-year time frame dictated by USERRA. Therefore, in light of Lamar’s failure to meet her burden on her claims, Wells Fargo’s motion is due to be granted.

I. SUMMARY JUDGMENT STANDARD OF REVIEW

Under Rule 56(a) of the Federal Rules of Civil Procedure, summary judgment is proper “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” “Rule 56[] mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will 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) (alteration in original). The moving party bears the initial burden of proving the absence of a genuine issue of material fact. Id. at 323, 106 S.Ct. 2548. The burden then shifts to the non-moving party, who is required to “go beyond the pleadings” to establish that there is a “genuine issue for trial.” Id. at 324, 106 S.Ct. 2548 (citation and internal quotation marks omitted). A dispute about 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, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

The court must construe the evidence and all reasonable inferences arising from it in the light most favorable to the non-moving party. Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970); see also Anderson, 477 U.S. at 255, 106 S.Ct. 2505 (all justifiable inferences must be drawn in the non-[1207]*1207moving party’s favor). Any factual disputes will be resolved in the non-moving party’s favor when sufficient competent evidence supports that party’s version of the disputed facts. See Pace v. Capobianco, 283 F.3d 1275, 1276, 1278 (11th Cir.2002) (a court is not required to resolve disputes in the non-moving party’s favor when that party’s version of events is supported by insufficient evidence). However, “mere conclusions and unsupported factual allegations are legally insufficient to defeat a summary judgment motion.” Ellis v. England, 432 F.3d 1321, 1326 (11th Cir.2005) (per curiam) (citing Bald Mountain Park, Ltd. v. Oliver, 863 F.2d 1560, 1563 (11th Cir.1989)). Moreover, “[a] mere ‘scintilla’ of evidence supporting the opposing party’s position will not suffice; there must be enough of a showing that the jury could reasonably find for that party.” Walker v. Darby, 911 F.2d 1573, 1577 (11th Cir.1990) (citing Anderson, 477 U.S. at 252, 106 S.Ct. 2505).

II. FACTUAL ALLEGATIONS

The following facts reflect an evaluation of the record in the light most favorable to Lamar. Lamar began working for Wells Fargo’s predecessor, Wachovia Corp., in May 20081 in Birmingham, Alabama. Doc. 41 at 4. As a fraud analyst, Lamar’s essential job duties included interacting •with customers regarding allegedly fraudulent transactions and identity theft, processing transactions, and selling various products. Doc. 41 at 5. Her job duties required her to be alert, to concentrate, and to recall, utilize and adhere to company policies, as well as regular and predictable attendance. Id.

On February 13, 2009, Lamar, who was then a member of the Army Reserves2, began a tour of active military duty in Iraq. Doc. 42-4 at 2; doc. 42-7, ex. 13 at 161. As a result, Wells Fargo placed Lamar on paid military leave. Doc. 42-4 at 2. Lamar’s tour of active duty ended on June 2, 2010.

Lamar suffers from post-traumatic stress disorder, depression, anxiety, and the lingering effects of a neck injury, and reports being unable to focus, remember, and work with others. Doc. 41 at 10. Because of her condition, she was unable to return to work at Wells Fargo at the conclusion of her military service.3 Doc. 42-6 at 31. Initially, Lamar informed the Wells Fargo human resource department that she intended to use a portion of her ninety-day USERRA convalescent leave, and that her prospective return-to-work date was August 31, 2010.

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2 F. Supp. 3d 1202, 198 L.R.R.M. (BNA) 2601, 2014 U.S. Dist. LEXIS 22686, 2014 WL 713311, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lamar-v-wells-fargo-bank-co-alnd-2014.